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 of its practice as one of Shari‘ah requirements to recognize a marriage contract. Ther...
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my.iium.irep.221432013-07-03T01:35:34Z http://irep.iium.edu.my/22143/ Opinions of contemporary Muslim jurists on the registration of marriages Mahmud , Mek Wok BP140 Islamic law (Fiqh) 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 of its practice as one of Shari‘ah requirements to recognize a marriage contract. There is a need to critically analyze the opinions of contemporary Muslim schoars 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. Adequate attention is needed to be paid to the issue of the Sharī‘ah status of marriage registration, as it has no basis among the Sharī‘ah requirements for a valid marriage contract. This paper takes into consideration ten principles of Islamic jurisprudence such as al-Qiyās, Sadd al-Dharā’i‘, al-IstiÍsān, Maqāsid al-sharī‘ah and as-Siyāsah al-Shar‘iyyah to prove that the registration of marriage cannot be regarded as alien to Islamic law. International Islamic University Malaysia 2011-06 Article REM application/pdf en http://irep.iium.edu.my/22143/1/8-Opinions_of_Contemporary_Muslim_Jurists_on_Registration_EDITED.pdf Mahmud , Mek Wok (2011) Opinions of contemporary Muslim jurists on the registration of marriages. Journal of Islam in Asia, Spcl (2). pp. 435-456. ISSN 1823-0970 http://www.iium.edu.my/jiasia/ojs-2.2/index.php/Islam |
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BP140 Islamic law (Fiqh) Mahmud , Mek Wok Opinions of contemporary Muslim jurists on the registration of marriages |
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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 of its practice as one of Shari‘ah requirements to recognize a marriage contract. There is a need to critically analyze the opinions of contemporary Muslim schoars 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. Adequate attention is needed to be paid to the issue of the Sharī‘ah status of marriage registration, as it has no basis among the Sharī‘ah requirements for a valid marriage contract. This paper takes into consideration ten
principles of Islamic jurisprudence such as al-Qiyās, Sadd al-Dharā’i‘, al-IstiÍsān, Maqāsid al-sharī‘ah and as-Siyāsah al-Shar‘iyyah to prove that the registration of marriage cannot be regarded as alien to Islamic law. |
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Article |
author |
Mahmud , Mek Wok |
author_facet |
Mahmud , Mek Wok |
author_sort |
Mahmud , Mek Wok |
title |
Opinions of contemporary Muslim jurists on the registration of marriages
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title_short |
Opinions of contemporary Muslim jurists on the registration of marriages
|
title_full |
Opinions of contemporary Muslim jurists on the registration of marriages
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title_fullStr |
Opinions of contemporary Muslim jurists on the registration of marriages
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title_full_unstemmed |
Opinions of contemporary Muslim jurists on the registration of marriages
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title_sort |
opinions of contemporary muslim jurists on the registration of marriages |
publisher |
International Islamic University Malaysia |
publishDate |
2011 |
url |
http://irep.iium.edu.my/22143/1/8-Opinions_of_Contemporary_Muslim_Jurists_on_Registration_EDITED.pdf http://irep.iium.edu.my/22143/ http://www.iium.edu.my/jiasia/ojs-2.2/index.php/Islam |
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