العيوب الجسدية المثبتة لحق الزوجة في طلب التفريق في الفقه الإسلامي و قانون الأحوال الشخصية الأردني : دراسة فقهية مقارنة = Body Defects on the Constancy of the Wife's Rights in Asking for the Divorce in the Islamic Jurisprudence and the Jordanian Personal Status Law : Comparative Jurisprudent Study

2016 ◽  
Vol 43 (1) ◽  
pp. 459-470
Author(s):  
أحمد علي أبو سماقة ◽  
جهاد سالم الشرفات
Keyword(s):  
Islamic Jurisprudence ◽  
Personal Status

scholarly journals Family Reform and Judicial Discretion of the judge to resolve family disputes: الإصلاح الأسري وسلطة القاضي التقديرية لحل النزاعات الأسرية

2020 ◽  
Vol 4 (10) ◽  
Author(s):  
Fawzieh Salem Mubarak Busboos
Keyword(s):  
Central Place ◽  
Judicial Discretion ◽  
Great Care ◽  
The Family ◽  
Islamic Jurisprudence ◽  
Personal Status ◽  
Solid Foundation ◽  
The Law ◽  
Rule Out

Family reform and judicial discretion of the judge to resolve family disputes are one of the most important ways to protect the continuity and cohesion of the family، Islam has given the family a central place in society and has given it great care in terms of its foundation on the requirements of religion as well as in terms of its continuity on a solid foundation of intimacy and compassion. Islam as a realistic religion didn't rule out exposing this family for a series of conflicts that threaten its stability. Therefore، Islam urged to reform between the spouses whenever there is a disagreement between them. Islam gave the judge a judicial discretion in resolving family disputes. Jordanian Personal Status Law didn't deviate from what is prescribed in Islamic jurisprudence، where the judge was given a judicial discretion in resolving family disputes، A judicial discretion is the freedom that left by the law to a judge either expressly or implicitly، This is in order to choose the most appropriate and the closest solution among other solutions. We have concluded that one of the most important factors for the success of the judge in reducing family disputes is providing appropriate conditions for effort and reform attempts.

scholarly journals الإفتاء بالتيسير للأقليات المسلمة في الأحوال الشخصية

Mahakim ◽  
2020 ◽  
Vol 4 (2) ◽  
Author(s):  
Husnul Haq
Keyword(s):  
Muslim Countries ◽  
Islamic Jurisprudence ◽  
Personal Status ◽  
Religious Problems ◽  
Muslim Minorities

The muslim minorities in non-muslim countries face many problems. The most important of which are religious problems. They want to deal with non-muslims, without taking away their islamic personality. They are in dire need of a fatwa that is easy and tolerant, away from narrowing and embarrassment. Contemporary scholars, especially syekh yusuf qaradhawi, respond this need, and issue fatwas, which are easy and tolerant. The research aims to clarify the principle of facilitation in the fatwas of contemporary scholars with regard to muslim minorities in the field of personal status, and the suitability of this principle to the principle of facilitation in islamic jurisprudence. The character of the research is a descriptive, analytical, and critical. The researcher concludes that the scholars adhered to the principle of facilitation in their fatwas for muslim minorities, in the field of personal status. And the best testimony to that is the fact that they have stated that it is permissible for a woman to remain with her non-muslim husband, and that they are allowed to legalize the inheritance of a non-muslim. The facilitation adopted by them is commensurate with the facilitation of islamic jurisprudence, its principles and purposes, because it stands on the principle of taking into account of necessity, need, license, rule of origin, and changing the ruling by changing its cause.

scholarly journals The effect of abuse of the using of husband for his righ to discipline his wife (comparative study between fiqh and law)

2019 ◽  
pp. 1-41
Author(s):  
Dalia Kadry Abdel Aziz ◽  
◽  
Rehab Moustafa AL sayed ◽  
Keyword(s):  
Comparative Study ◽  
Arab Countries ◽  
Special Effects ◽  
Islamic Jurisprudence ◽  
Personal Status ◽  
The Law ◽  
The Right

We have discussed the position of both Islamic jurisprudence and the law from effect of the effect of abuse of the the using of husband for his righ to discipline his wife , in Islamic jurisprudence, there are special effects that vary according to the method that the husband abused whether preaching, leaving or beating and there are general effects whatever the method used to the discipline of the wife. The personal status laws did not discuss this matter, but we can conclude the right of wife to divorce for this reason through expansion of texts discuss the divorce for damage. The positions of criminal laws in Arab countries differed in the recognition of the right of husband to discipline his wife, there are who explicitly recognize this right and there are who refers the matter to the provisions of Islamic low, and there are who silent about this matter although it mentioned the others reasons for using the right. Western criminal laws did not recognize the right of husband to discipline his wife, so he is fully responsible for any attack on his wife.

COMPARATIVE STUDY ON GONO GINI'S ASSETS DUE TO A DEATH ACCORDING TO THE ISLAMIC LAW AND POSITIVE LAW

2019 ◽  
Vol 1 (1) ◽  
Author(s):  
Pardan Syafrudin
Keyword(s):  
Comparative Study ◽  
Common Property ◽  
Islamic Law ◽  
Positive Law ◽  
Community Property ◽  
Communal Property ◽  
Islamic Jurisprudence ◽  
Legal Restriction ◽  
The Common ◽  
Husband And Wife

The Common properties (community property) is an asset that the husband and wife acquired during the household lifes, which both of them is agree that after united through marriage bonds, that the property produced by one or both of them will be common property. It shows, that if there's an agreement between husband and wife before marriage (did not to unify their property), then the property produced both will not become a joint treasure. Thus, if a husband or wife dies, or divorces, then the property owned by both of them can be distributed in accordance with their respective shares, another case when the two couples are not making an agreement, then the property gained during marriage bonds can be divided into types of communal property. In Islamic law, this kind of treasure is not contained in the Qur'an or Sunnah. Nor in Islamic jurisprudence. However, Islamic law legalizes the existence of common property as long as it is applicable in a society and the benefit in the distribution of such property. In contrast to the positive law, this property types have been regulated and described in the Marriage Law, as well as the Islamic Law Compilations, which became the legal restriction in the affairs of marriage in force in Indonesia. In this study, the author tries to compile the existence of common property according to the Islamic law reviews and positive law.

Theological Principles in the Qur'an: Sūrat al-Baqara as a Model

2011 ◽  
Vol 13 (1) ◽  
pp. 155-139
Author(s):  
Hasan Shafie
Keyword(s):  
Present Article ◽  
Vital Role ◽  
Islamic Jurisprudence

In this study we propose the establishment of theological rules (qawāʿid iʿtiqādiyya) similar to the jurisitic rules (qawāʿid fiqhiyya) which have for centuries been very important to Islamic jurisprudence, and which play a vital role in jurisprudence and uṣūl al-fiqh. The present article takes the second sura of the Qur'an, Sūrat al-Baqara, as a case study, identifying three fundamental principles in this sura: (i) man is honoured (al-insān mukarram), (ii) the Resurrection is a reality (al-baʿth ḥaqq) (iii) belief in all prophets is obligatory (al-īmān bi-kāfat al-anbiyāʾ wājib). These three rules are emphasised and reiterated in many parts of the sura, to a greater extent than any other principle. This study calls for other scholars to consider this proposition and develop it further.

Encountering Ambiguity: Muʿtazilī and Twelver Shīʿī Approaches to the Qur'an's Ambiguous Verses

2016 ◽  
Vol 18 (3) ◽  
pp. 91-115 ◽  
Author(s):  
Tehseen Thaver
Keyword(s):  
Eleventh Century ◽  
Arabic Language ◽  
Conceptual Approach ◽  
Islamic Jurisprudence ◽  
Primary Determinant ◽  
Linguistic Challenges ◽  
Qur'anic Exegesis ◽  
Exegetical Tradition ◽  
Qur'an Commentaries ◽  
Early Islamic

Within the broader discipline of Qur'anic exegesis, the sub-genre of the mutashābihāt al-Qurʾān (the ambiguous verses of the Qur'an) is comprised of works dedicated to the identification and explication of those verses that present theological or linguistic challenges. Yet, the approach, style, and objective of the scholars who have written commentaries on the ambiguous verses are far from monolithic. This essay brings into focus the internal diversity of this important exegetical tradition by focusing on the Qur'an commentaries of two major scholars in fourth/eleventh-century Baghdad, al-Sharīf al-Raḍī (d. 406/1016) and Qāḍī ʿAbd al-Jabbār (d. 415/1025). Al-Raḍī was a prominent Twelver Shīʿī theologian and poet while ʿAbd al-Jabbār was a leading Muʿtazilī theologian during this period; al-Raḍī was also ʿAbd al-Jabbār's student and disciple. Through a close reading of their respective commentaries on two Qur'anic verses, I explore possible interconnections and interactions between Shīʿī and Muʿtazilī traditions of exegesis, and demonstrate that while ʿAbd al-Jabbār mobilised the language of Islamic jurisprudence, al-Raḍī primarily relied on early Islamic poetry and the etymology of the Arabic language. Methodologically, I argue against a conceptual approach that valorises sectarian and theological identity as the primary determinant of hermeneutical desires and sensibilities.

Intentions and their Effects on the Legality of Dispositions and Contracts

2002 ◽  
Vol 4 (1) ◽  
pp. 130-141
Author(s):  
Abdullah Muhammad al-Shami
Keyword(s):  
Basic Principle ◽  
Islamic Law ◽  
Human Action ◽  
Basic Principles ◽  
Human Actions ◽  
Special Place ◽  
Legal Contract ◽  
Islamic Jurisprudence ◽  
Legal Opinions ◽  
The Right

In Islamic law judgements on any human action are usually evaluated in terms of the intention involved. Accordingly, the rules of substantive issues have to be accommodated under the basic principles of Islamic jurisprudence. The understanding of these principles by the juristic scholar is highly rewarding because it will lead the muftī to the right path in deriving legal opinions from the original sources. The basic principle of Islamic jurisprudence, which stipulates that ‘all actions depend on intentions,’ has played an important role in the construction of Islamic jurisprudence. Moreover, this rule has a special place in the theory of Islamic legal contract. So what is the effect of intention in the validity of human actions and legal contracts? It is known that pure intention has significant effects on spiritual worship and legal contracts of transaction. It also gives guidance for earning rewards from Almighty Allah. This article concentrates on the effect of intention in perpetual worship, the concept of action and intention in Islamic legal works, the kind of contract with all its components, and the jurists' views on the effects of intention in human action and legal contract along with their discussion and counter-arguments.

Copyright on the View of Indonesia Law and Islamic Jurisprudence

2015 ◽  
Vol 6 (8) ◽  
pp. 1538-1549
Author(s):  
A’rasy Fahrullah ◽  
Djoko Mursinto
Keyword(s):  
Islamic Jurisprudence
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