An Analysis of the Causes of Divorce among Muslims in Mombasa County in the Sharia Law Perspective

2020 ◽  
Vol 3 (2) ◽  
pp. 101
Author(s):  
Manswab Mahsen Abdulrahman
Keyword(s):  
Domestic Violence ◽  
Drug Addiction ◽  
Islamic Law ◽  
Psychological Problems ◽  
Cultural Issues ◽  
Forced Marriage ◽  
Muslim Society ◽  
Systematic Process ◽  
To Come ◽  
Muslim Communities

Divorce is the most hateful action permitted in the Islamic law, Islam puts some measures to ensure that separation of two spouses won’t occur; but in some occasions, dissolution will become a necessity; because two parties cannot live together in an atmosphere of hatred and disaffection. Recently, cases pertaining to the dissolution have been increasing rapidly among Muslim society in Mombasa County. The study seeks to explore issues causing marriage dissolution. These are: poverty and unemployment, seeking job overseas, psychological problems, drug addiction, Interference of family, early and forced marriage, cultural issues, and domestic violence. The aim of this paper is to come up with a solution based on Islamic law. Questionnaire and Open-ended questions were used involving divorcees as respondents. Addition to that, the researcher reviewed references and studied dissertations relating to divorce. Therefore, the research recommends a systematic process of educating the Muslim communities on the true Islamic concept of divorce.

scholarly journals Pemahaman Masyarakat terhadap Nusyuz dan Dampaknya terhadap KDRT dalam Rumah Tangga

2020 ◽  
Vol 2 (1) ◽  
pp. 45-66
Author(s):  
Nurzakia .
Keyword(s):  
Domestic Violence ◽  
Public Perception ◽  
Islamic Law ◽  
Descriptive Analysis ◽  
Field Research ◽  
Educational Background ◽  
Public Understanding ◽  
Research Approach ◽  
Qualitative Descriptive ◽  
Muslim Communities

Islam regulates the resolution of nusyuz (disobedience) for husbands and wives in the Qur'an Surah an-Nisa’ verse 34 and an-Nisa’ verse 128. Within the Islamic law, the resolution of nusyuz does not promote any violence against wives. Beatings to wives as stated in Surah an-Nisa’ verse 34 should be interpreted as actions to give lessons. However, some cases of domestic violence, relate to the understanding of nusyuz developed within the community. People generally understand nusyuz as an act of a wife's disobedience towards her husband. This inaccurate understanding of nusyuz may lead to domestic violence by the husband, under the pretext of a disobedient wife, while most often it is the husband who is disobedient. In this present study, the field research approach was used. The data collection techniques included interviews and documentation. The data were then analyzed using the qualitative descriptive analysis by interpreting and describing the data. The results of the study revealed that there were three groups of people that understood the concept of nusyuz differently at Ingin Jaya Subdistrict of Aceh Besar District. The first group perceived that nusyuz could be present both in the wife and in the husband. The second group argued that the nusyuz attitude only existed within the wife, whereas the third group had no idea of the concept of nusyuz at all even though they might have done it. The public understanding of nusyuz is very likely obtained from their educational background. Those studying in Islamic boarding schools have had more knowledge of religion and vice versa. Here, most of the interviewees stated that the concept of nusyuz was closely related to domestic violence because public perception had been highly influenced by Surah an-Nisa’ verse 34 concerning the beating of a nusyuz wife. This perception has then given the husband a valid reason to physically beat the wife who has been considered nusyuz. Thus, it is difficult to separate the Islamic doctrine that has long developed within the lives of today’s Muslim communities.

NIKAH SIRI DALAM TINJAUAN HUKUM TEORITIS DAN SOSIOLOGI HUKUM ISLAM INDONESIA

2018 ◽  
Vol 11 (1) ◽  
pp. 60-78
Author(s):  
Aidil Alfin ◽  
Busyro Busyro
Keyword(s):  
Significant Influence ◽  
Islamic Law ◽  
Muslim Community ◽  
Muslim Society ◽  
The Law

The differences of laws in marriage registration have generated argumentative conflicts among the ulama. Some of them agree and the others disagree. Ulama who agree say that proscribing secretly marriage (nikah siri) is in accordance to Islamic law. Even though the regulation about marriage registration has been written in The Indonesian Act No. 1 of 1974 on Marriage and in the Compilation of Islamic Law in Indonesian, the practice of secret marriage is still existed among Indonesian Muslim society. They base their practices on what some of local ShafiiyahUlema say all the time that this kind of marriage is in accordance to shari’ah. It is common to say that Shafi’ischool of law is the largest shari’ahschool of law in Indonesia. In the sociology of Islamic law, most of the scholars in Indonesia who adhere to the Shafi'i school and also most of the Indonesian Muslim community adhere to the same school, may have a significant influence on the constraints of reform of Islamic law related to the registration of marriages in particular and other matters about marriage in general contained in the Law No. 1 of 1974 and the Compilation of Islamic Law in Indonesia.

SAYYID ABUL AÑLÓ MAWDÕDÔ’S VIEWS ON IJTIHÓD AND THEIR RELEVANCE TO THE CONTEMPORARY MUSLIM SOCIETY

2010 ◽  
Vol 6 (2) ◽  
pp. 121
Author(s):  
Munawar Haque
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
Legal Aspect ◽  
Academic Research ◽  
Spiritual Leadership ◽  
Legislative Process ◽  
Islamic Revival ◽  
Muslim Society ◽  
The One ◽  
Political Economic

Abstract  The purpose of this article is to explore the views of Sayyid Abul AÑlÉ MawdËdÊ[1] on ijtihÉd.[2] It intends to trace the origins of MawdËdÊ’s ideas within the social, cultural and political context of his time, especially the increasing influence of modernity in the Muslim world.  The study will show that MawdËdÊ’s understanding of ijtihÉd and its scope demonstrates originality.  For MawdËdÊ, ijtihÉd is the concept, the process, as well as the mechanism by which the SharÊÑah,[3] as elaborated in the Qur’Én and the Sunnah[4] is to be interpreted, developed and kept alive in line with the intellectual, political, economic, legal, technological and moral development of society.  The notion of ijtihÉd adopted by MawdËdÊ transcends the confines of Fiqh[5] (jurisprudence) and tends therefore to unleash the dormant faculties of the Muslim mind to excel in all segments of life.   [1] Sayyid Abul AÑlÉ MawdËdÊ was born on September 25, 1903 in Awrangabad, a town in the present Maharashtra state of India in a deeply religious family.  His ancestry on the paternal side is traced back to the Holy Prophet (peace be upon him).  The family had a long-standing tradition of spiritual leadership, for a number of MawdËdÊ’s ancestors were outstanding leaders of ØËfÊ Orders.  One of the luminaries among them, the one from whom he derives his family name, was KhawÉjah QuÏb al-DÊn MawdËd (d. 527 AH), a renowned leader of the ChishtÊ ØËfÊ Order. MawdËdÊ died on September 22, 1979. See Khurshid Ahmad and Zafar Ishaq Ansari, “MawlÉnÉ Sayyid Abul AÑlÉ MawdËdÊ: An Introduction to His Vision of Islam and Islamic Revival,”, in Khurshd Ahmad and Zafar Ishaq Ansari (eds.) Islamic Perspectives: Studies in Honour of MawlÉnÉ Sayyid Abul A’lÉ MawdËdÊ,  (Leicester: The Islamic Foundation,1979), 360. [2]  In Islamic legal thought, ijtihÉd is understood as the effort of the jurist to derive the law on an issue by expending all the available means of interpretation at his disposal and by taking into account all the legal proofs related to the issue.  However, its scope is not confined only to legal aspect of Muslim society.  MawdËdÊ’s concept of ijtihÉd is defined as the legislative process that makes the legal system of Islam dynamic and makes its development and evolution in the changing circumstances possible.  This results from a particular type of academic research and intellectual effort, which in the terminology of Islam is called ijtihÉd.  The purpose and object of ijtihÉd is not to replace the Divine law by man made law.  Its real object is to properly understand the Supreme law and to impart dynamism to the legal system of Islam by keeping it in conformity with the fundamental guidance of the SharÊÑah and abreast of the ever-changing conditions of the world.  See Sayyid Abul AÑlÉ MawdËdÊ, The Islamic Law and Constitution, translated and edited by Khurshid Ahmad, (Lahore: Islamic Publications Ltd, 1983), 76.[3] SharÊÑah refers to the sum total of Islamic laws and guidance, which were revealed to the Prophet MuÍammad (peace be upon him), and which are recorded in the Qur’Én as well as deducible from the Prophet’s divinely guided lifestyle (called the Sunnah). See Muhammad ShalabÊ, al-Madkhal fÊ at-TaÑ’rÊf  b alil-Fiqh al-IslÉmÊ, (Beirut: n.p., 1968),.28.[4]Sunnah is the way of life of the Prophet (peace be upon him), consisting of his sayings, actions and silent approvals. It is also used to mean a recommended deed as opposed to FarÌ or WÉjib, a compulsory one.[5]  Originally Fiqh referred to deliberations related to one’s reasoned opinion, ra’y.  Later the expression Fiqh evolved to mean jurisprudence covering every aspect of Islam.  It is also applied to denote understanding, comprehension, and profound knowledge. For an excellent exposition on the meaning of Fiqh, see Imran Ahsan Khan Nyazee, Theories of Islamic law: The methodology of ijtihÉd, (Delhi: Adam Publishers & Distributors, 1996), 20-22.

scholarly journals Domestic violence and psychological problems in married women during COVID-19 pandemic and lockdown: A community-based survey

2021 ◽  
pp. 102812
Author(s):  
Indu Pankajakshan Vijayanthi ◽  
Binsu Vijayan ◽  
Harish M. Tharayil ◽  
Anithakumari Ayirolimeethal ◽  
Varsha Vidyadharan
Keyword(s):  
Domestic Violence ◽  
Married Women ◽  
Psychological Problems ◽  
Community Based

Slavery and the Slave Trade in the Sokoto Caliphate

2021 ◽  
Author(s):  
Murray Last
Keyword(s):  
19Th Century ◽  
North Africa ◽  
Islamic Law ◽  
Slave Trade ◽  
Local Markets ◽  
Large Numbers ◽  
Women And Children ◽  
Sokoto Caliphate ◽  
Muslim Communities ◽  
The 19Th Century

Established using a conventional Islamic model of government, the new Muslim state in Sokoto, known as the Sokoto Caliphate (1804–1903), possessed eventually very large numbers of men, women, and children, taken captive (usually when children) in jihad from mainly non-Muslim communities, to serve as slaves. These slaves worked on farms or within households, they might be concubines and bear children for their owners; or they might be sold as children for export to North Africa in payment for the luxury imports the new elite wanted. Slaves were, under Islamic law, deemed “minors” or “half-persons,” and so had rights that differed from those of the free Muslim. By the end of the 19th century there were more slaves on the local markets than could be sold; exports of captives to North Africa had already dropped. For some captives enslaved as children, however, the career as a slave led eventually to high political positions, even to owning many slaves of their own. But slaves’ property, even their children, ultimately belonged to the slave’s owner. Revolts by male slaves were very rare, but escape was commonplace. Concubines, if they ever became pregnant by their owner, could not be sold again. The abolition of slavery c.1903 was slow to become a reality for many individual slaves, whether men or women.

Malaysian AIDS Council: The “PutItOn” Campaign

2019 ◽  
Vol 23 (01) ◽  
pp. 1-37
Author(s):  
Li Lin Lau ◽  
Farzana Quoquab ◽  
Abu Bakar Abdul Hamid
Keyword(s):  
Condom Use ◽  
Sexual Transmission ◽  
The Other ◽  
Intervention Programs ◽  
Cultural Issues ◽  
Promotional Strategy ◽  
The Social ◽  
Sociocultural Pressure ◽  
The Government ◽  
To Come

This case illustrates the issues pertaining to the “PutItOn” campaign promotion launched by the Malaysian AIDS Council (MAC). This case primarily discusses the social marketing challenges encountered by MAC with the task to promote intervention programs on condom use and women’s safe sex practices to influence social change. However, promoting condom use is regarded as taboo and is not allowed to be mentioned in Malaysian mainstream mass media because of restrictions by the Communications and Multimedia Act. The government also cannot openly advocate condom use because of sociocultural sensitivity. In addition, some people might misinterpret promoting condom use as encouraging promiscuity. On the other hand, official statistics show that new HIV cases have shifted the trend from men to women in recent years, and the major factor for women infected by HIV was through sexual transmission. Dr. Suzi, communication manager of MAC, is in charge of the “PutItOn” campaign. She faced difficulty in increasing awareness among women about the campaign with the consideration of social and cultural issues. The campaign was launched in December 2014, but not many people seemed aware of this campaign after four months of its launch. The chairman of MAF, Dr. Roselina, advised her to come up with an effective promotional strategy for the “PutItOn” campaign by April. Dr. Suzi had only one month to devise a plan to solve the problem; otherwise, MAC has to close the campaign. Dr. Suzi was worried about the sociocultural pressure to promote the “PutItOn” campaign.

A STEP TOO FAR? THE JOURNEY FROM “BIOLOGICAL” TO “SOCIETAL” FILIATION IN THE CHILD'S RIGHT TO NAME AND IDENTITY IN ISLAMIC AND INTERNATIONAL LAW

2019 ◽  
Vol 34 (3) ◽  
pp. 383-407 ◽  
Author(s):  
Shaheen Sardar Ali
Keyword(s):  
International Law ◽  
Islamic Law ◽  
Legal Traditions ◽  
Rights Of The Child ◽  
State Practice ◽  
Legal Position ◽  
The Subject ◽  
Rights Discourse ◽  
Muslim Communities ◽  
Human Rights Discourse

AbstractThis socio-legal narrative investigates the journey from “biological” to “societal” filiation undertaken by Islamic and international law regimes in their endeavors to ensure a child's right to name and identity. Combining a discussion of filiation—a status-assigning process—with adoption and kafāla (fostering) as status-transferring mechanisms, it highlights a nuanced hierarchy relating to these processes within Muslim communities and Muslim state practices. It questions whether evolving conceptions of a child's rights to name and identity represent a paradigm shift from “no status” if born out of wedlock toward “full status” offered through national and international law and Muslim state and community practices. The article challenges the dominant (formal, legal) position within the Islamic legal traditions that nasab (filiation) is obtainable through marriage alone. Highlighting inherent plurality within the Islamic legal traditions, it demonstrates how Muslim state practice and actual practices of Muslim communities on the subject are neither uniform nor necessarily in accordance with stated doctrinal positions of the juristic schools to which they subscribe. Simultaneously, the paper challenges some exaggerated gaps between “Islamic” and “Western” conceptions of children's rights, arguing that child-centric resources in Islamic law tend to be suppressed by a “universalist” Western human-rights discourse. Tracing common threads through discourses within both legal traditions aimed at ensuring children a name and identity, it demonstrates that the rights values in the United Nations Convention on Rights of the Child resonate with preexisting values within the Islamic legal traditions.

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