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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Main Author: Mahmud , Mek Wok
Format: Article
Language:English
Published: International Islamic University Malaysia 2011
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Online Access:http://irep.iium.edu.my/22143/1/8-Opinions_of_Contemporary_Muslim_Jurists_on_Registration_EDITED.pdf
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http://www.iium.edu.my/jiasia/ojs-2.2/index.php/Islam
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spelling 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
institution Universiti Islam Antarabangsa Malaysia
building IIUM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider International Islamic University Malaysia
content_source IIUM Repository (IREP)
url_provider http://irep.iium.edu.my/
language English
topic BP140 Islamic law (Fiqh)
spellingShingle BP140 Islamic law (Fiqh)
Mahmud , Mek Wok
Opinions of contemporary Muslim jurists on the registration of marriages
description 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.
format 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
title_short Opinions of contemporary Muslim jurists on the registration of marriages
title_full Opinions of contemporary Muslim jurists on the registration of marriages
title_fullStr Opinions of contemporary Muslim jurists on the registration of marriages
title_full_unstemmed Opinions of contemporary Muslim jurists on the registration of marriages
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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score 13.211869