Al-Takyiīf Al-Fiqhī (Fiqhī characterization) of matrimonial property in Islamic jurisprudence
Urf (custom) and al-maṣlahah al-mursalah (public interest) are among the sources of law disputed by uṣūlīs; however, the majority of scholars are aware that public interest and its guidelines revolve around the Sharī‘ah Objectives and that custom is legally authoritative and can be referred...
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American Linguist Association
2021
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| Online Access: | http://irep.iium.edu.my/96437/7/96437_Al-Takyi%C4%ABf%20Al-Fiqh%C4%AB%20%28Fiqh%C4%AB%20characterization%29%20of%20matrimonial%20property%20in%20Islamic%20jurisprudence.pdf http://irep.iium.edu.my/96437/ https://lingcure.org/index.php/journal/article/view/1917/740 https://doi.org/10.21744/lingcure.v5nS4.1917 |
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my.iium.irep.964372022-01-25T00:43:09Z http://irep.iium.edu.my/96437/ Al-Takyiīf Al-Fiqhī (Fiqhī characterization) of matrimonial property in Islamic jurisprudence Eletrebi, Mohamed Fathy Suleiman, Hassan HQ The family. Marriage. Woman K1401 Intellectual Property K720 Property Law KBP Islamic Law KBP1 Islamic law.Shariah.Fiqh KBP425 Uṣūl al-fiqh. Jurisprudence and theory of law. Science of legal reasoning. KBP490 Furūʻ al-fiqh. Substantive law. Branches of law. Urf (custom) and al-maṣlahah al-mursalah (public interest) are among the sources of law disputed by uṣūlīs; however, the majority of scholars are aware that public interest and its guidelines revolve around the Sharī‘ah Objectives and that custom is legally authoritative and can be referred to for judgment. It is widely known that the statement, "Al-‘ādatu Muhakkamah", is one of the major universal maxims for the Shafi‘ite school. Undoubtedly, referring to ‘Urf and al-maṣlahah al-mursalah, within the legislative framework and according to the divisions recognized by uṣūlīs, aims at the realization of the public interests, and in some cases, private interests of certain society groups. The research seeks to reach a sound fiqhi characterization (al-takyīf al-fiqhī) for the matrimonial property in view of two sources of law, namely custom and public interest, and for the rights of each spouse to the matrimonial property while marriage exists or in case of separation due to divorce of death. American Linguist Association 2021-12-09 Article PeerReviewed application/pdf en http://irep.iium.edu.my/96437/7/96437_Al-Takyi%C4%ABf%20Al-Fiqh%C4%AB%20%28Fiqh%C4%AB%20characterization%29%20of%20matrimonial%20property%20in%20Islamic%20jurisprudence.pdf Eletrebi, Mohamed Fathy and Suleiman, Hassan (2021) Al-Takyiīf Al-Fiqhī (Fiqhī characterization) of matrimonial property in Islamic jurisprudence. Linguistics and Cultural Reviews, 5 (S4). pp. 2195-2202. ISSN 2690-103X https://lingcure.org/index.php/journal/article/view/1917/740 https://doi.org/10.21744/lingcure.v5nS4.1917 |
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| topic |
HQ The family. Marriage. Woman K1401 Intellectual Property K720 Property Law KBP Islamic Law KBP1 Islamic law.Shariah.Fiqh KBP425 Uṣūl al-fiqh. Jurisprudence and theory of law. Science of legal reasoning. KBP490 Furūʻ al-fiqh. Substantive law. Branches of law. |
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HQ The family. Marriage. Woman K1401 Intellectual Property K720 Property Law KBP Islamic Law KBP1 Islamic law.Shariah.Fiqh KBP425 Uṣūl al-fiqh. Jurisprudence and theory of law. Science of legal reasoning. KBP490 Furūʻ al-fiqh. Substantive law. Branches of law. Eletrebi, Mohamed Fathy Suleiman, Hassan Al-Takyiīf Al-Fiqhī (Fiqhī characterization) of matrimonial property in Islamic jurisprudence |
| description |
Urf (custom) and al-maṣlahah al-mursalah (public interest)
are among the sources of law disputed by uṣūlīs; however, the majority
of scholars are aware that public interest and its guidelines revolve
around the Sharī‘ah Objectives and that custom is legally
authoritative and can be referred to for judgment. It is widely known
that the statement, "Al-‘ādatu Muhakkamah", is one of the major
universal maxims for the Shafi‘ite school. Undoubtedly, referring to
‘Urf and al-maṣlahah al-mursalah, within the legislative framework and
according to the divisions recognized by uṣūlīs, aims at the realization
of the public interests, and in some cases, private interests of certain
society groups. The research seeks to reach a sound fiqhi
characterization (al-takyīf al-fiqhī) for the matrimonial property in view
of two sources of law, namely custom and public interest, and for the
rights of each spouse to the matrimonial property while marriage
exists or in case of separation due to divorce of death. |
| format |
Article |
| author |
Eletrebi, Mohamed Fathy Suleiman, Hassan |
| author_facet |
Eletrebi, Mohamed Fathy Suleiman, Hassan |
| author_sort |
Eletrebi, Mohamed Fathy |
| title |
Al-Takyiīf Al-Fiqhī (Fiqhī characterization) of matrimonial property in Islamic jurisprudence |
| title_short |
Al-Takyiīf Al-Fiqhī (Fiqhī characterization) of matrimonial property in Islamic jurisprudence |
| title_full |
Al-Takyiīf Al-Fiqhī (Fiqhī characterization) of matrimonial property in Islamic jurisprudence |
| title_fullStr |
Al-Takyiīf Al-Fiqhī (Fiqhī characterization) of matrimonial property in Islamic jurisprudence |
| title_full_unstemmed |
Al-Takyiīf Al-Fiqhī (Fiqhī characterization) of matrimonial property in Islamic jurisprudence |
| title_sort |
al-takyiīf al-fiqhī (fiqhī characterization) of matrimonial property in islamic jurisprudence |
| publisher |
American Linguist Association |
| publishDate |
2021 |
| url |
http://irep.iium.edu.my/96437/7/96437_Al-Takyi%C4%ABf%20Al-Fiqh%C4%AB%20%28Fiqh%C4%AB%20characterization%29%20of%20matrimonial%20property%20in%20Islamic%20jurisprudence.pdf http://irep.iium.edu.my/96437/ https://lingcure.org/index.php/journal/article/view/1917/740 https://doi.org/10.21744/lingcure.v5nS4.1917 |
| _version_ |
1724072846876999680 |
| score |
13.211869 |