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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| Main Authors: | , |
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| Format: | Article |
| Language: | en |
| Published: |
American Linguist Association
2021
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| Subjects: | |
| 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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| Summary: | 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. |
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