Opinions of contemporary Muslim Jurists on the registration of marriages
Registration of marriages is one of the debatable issues among contemporary Muslim scholars. Considering the fact that it was not implemented during the Prophet S s. a. w time, many scholars discuss the validity ofits practice as one ofShari 'ah requirements to recognize a marriage contract...
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| Format: | Book Chapter |
| Language: | English |
| Published: |
IIUM Press
2011
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| Subjects: | |
| Online Access: | http://irep.iium.edu.my/18520/1/opinions_of_contemporary_Muslim_jurists_-_c3.pdf http://irep.iium.edu.my/18520/ http://rms.research.iium.edu.my/bookstore/default.aspx |
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| Summary: | Registration of marriages is one of the debatable issues among
contemporary Muslim scholars. Considering the fact that it was
not implemented during the Prophet S s. a. w time, many scholars
discuss the validity ofits practice as one ofShari 'ah requirements
to recognize a marriage contract. Thus, the main objective of this
paper is to critically analyze the opinions of Muslim contemporary
scholars on the registration of marriage as a requirement for a
marriage contract to be recognized and officially authenticated,
as currently practiced in many Muslim countries. This paper will
give adequate attention to the issue regarding the Shari'ah status,
as the registration of marriage has no basis among the Shari'ah
requirements for a valid marriage contract. At the end of this
research, findings based on the general principles of Shari'ah show
that the registration of marriage, though not basically required for
a Shari'ah compliant marriage, cannot as such be regarded as alien
to Islamic law, as it is comfortably fitted into those aspects of
Shari'ah meant for accommodation of contemporary issues.
Prominent among these are al-Qiyas, Saddal-Dhara'i'. al-Istilsan,
Maqasid al-shari'ah and as-Siyasah al-shar'iyyah otherwise known
in "the principles of Islamic Jurisprudence" as secondary sources of
Shari'ah. |
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