scholarly journals Importance Of The Law Of Compatibility (Kufu) In Islamic Marriage

2014 ◽  
Vol 8 (1) ◽  
pp. 231-236
Author(s):  
Ubaid Ahmad Khan ◽  
Hafiz Naqib Ullah

This article has two parts, first part of the article deals with the importance of marriage in Islam in the light of Quran and Hadith. This part of article also elaborates the social importance of marriage for Muslim man and woman. The second part of this article deals with the law of compatibility (Kufu), its importance and the role it plays in the success of marriage. The law of compatibility emphasizes that before arranging marriage of girl compatibility between the boy and girl should be checked on the following terms: (1) Lineage (2) Islam (3) Religiosity (4) Wealth (5) profession. The basic objective of this law is to ensure equality in social status for the purpose of successful marriage and psychological balance. Therefore, this law has great role in the success of marriage if it is practiced, it may reduce the cases of divorce. The second part of this article also deals some other important points like, validity of marriage without the consideration of law of compatibility, misconception regarding the law of compatibility in Muslim society.

Author(s):  
Rossella Laurendi

An interdisciplinary approach to historical criticism allows us to investigate the tradition of the royal laws and their collection, ostensibly made by one Papirius at the start of the Republic. Despite the lengthy, stratified process of formation and transmission of historical memory by historians, grammarians, writers and jurists from the late Republic onwards, the identification of certain authentic elements of these laws is possible. In the case of the law on paelex, attributed to Numa, a philological analysis suggests its archaic origins, even if we cannot prove that Numa was the drafter of this law. The law appears to be made up of a precept (prohibition against approaching the altar or the temple of Juno) and a sanction (sacrifice with loose hair). The significance of the loose hair, typical signs of pain and penance, is the key to reading the law. By the enactment of this law, the social status of the paelex was diminished, analogous to that of a married man's concubine.


Author(s):  
Félix Alonso y Royano

El autor, sobradamente conocido entre nosotros por sus colaboraciones sobre su especialidad en el Derecho de la Antigüedad en el Próximo Oriente, fundamentalmente en el derecho de familia, hace en este trabajo un bosquejo sobre la ciudad y el ciudadano en el Egipto faraónico, materia muy querida para él, sobre un mundo que tan bien conoce, distinguiendo y sistematizando 3 modelos de ciudad: Las ciudades templo, las ciudades-fortaleza y las ciudades artesanos, dando así un panorama completo, junto a la existencia de aldeas y caserías diseminadas, los lugares fundamentales de poblamiento y núcleos de población que por sus características arquitectónicas, religiosas, administrativas y militares, conformaron la sociedasd egipcia, sobre todo en los Imperios Medio y Nuevo. Describe después al ciudadano como habitante de esas ciudades y sus costumbres alimenticias, de vestido y, en una palabra, el «estatus» social y la protección del derecho, dando una visión general —como no podía ser menos— dadas las dificultades de concretización en un imperio que duró 3.000 años a.C.J. Habitante de un mundo que, por otro lado, y a pesar del tiempo transcurrido, se nos hace cercano a nosotros.The author, known between us extremely well due to his collaborations on his speciality about the Right of Antiquity in the Middie East, fundamentally in the family rights, carries out in this work a study about the city and the citizens in the pharaonic Egipt, which is a much beloved matter for him, about a worid he knows so well, distinguishing and systematizing three typess of city: the temple cities, the fortress cities and the artisan cities, giving that way a complete panorama, together with the existence of villages and disseminated country houses, the inhabitated fundamental places and centres of population that because of their architectural, religious and military characteristics conformed the egyptian society, especially in the Middie and New Empires. Afíer he describes the citizen as an inhabitant of those cities and their food, costume customs, in one word the social «status» and the protection of the law, offering a general visión — as could not be less— because of the specification difficulties in an Empire that lasted 3.000 years B.C. Inhabitant of a worid that, although the course of time remains cióse to us.


2021 ◽  
Vol 23 (2) ◽  
pp. 147
Author(s):  
Mutrofin Mutrofin ◽  
Izzul Madid

Islamic Scholars (ulama) have important position in Muslim society, they are not only as references but also as determinants in decisions making process, specially related to the benefit of the ummah, as a result, who can be called ulama is not clear, as a result, ulama are defined according to the interests of certain groups. This article examines the dichotomy of scholars in Al-Ghazali's perspective. This article uses data from literature review sources, especially the works written by Al-Ghazali. This article concludes that Al-Ghazali did a sociological reading of the ulama concept according to the social, political, and life context. At the time of Al-Ghazali, the term ulama had become a certain social status, even this term was juxtaposed with certain types of scholarship. With the various titles of ulama according to their expertise, this condition caused a conflict between them. The goal of each group is to claim the most correct according to their opinion. This article discusses the definition of ulama in Alghazali's perspective along with the standards developed by Alghazali to determine the criteria of the ulama in the context of the Islamic community during  he lived that stiil suitable to be applied today.Abstrak:  Ulama memiliki posisi yang cukup penting dalam masyarakat, mereka tidak hanya sebagai panutan namunn juga sebagai penentu dalam penggambilan keputusan terkait denggan kemaslahatan umat, akibatnya siapa yang dapat disebut sebagai ulama merupa area yang kadang abu-abu, akibatnya ulama didefinisikan sesuai kepentingan kelompok tertentu.  Artikel ini  mengkaji tentang dikotomi ulama dalam perspektif Al-Ghazali.  Artikel ini mengunakan data dari sumber kajian kepustakaan khususnya karya-karya yangg ditulis oleh Alghazali.  Kesimpulan dari artikel ini bahwa Al-Ghazali melakukan pembacaan secara sosiologis atas konsep ulama tersebut sesuai dengan konteks sosial, politik dan kehidupannya. Pada masa Al-Ghazali istilah ulama sudah menjadi status sosial tertentu, bahkan istilah ulama ini disandingkan pada jenis keilmuan tertentu. Dengan berbagai julukan ulama sesuai dengan keahliannya tersebut, memunculkan mereka untuk saling berseteru antara ulama satu dengan lainnya. Tujuannya adalah untuk mengklaim yang paling benar menerut pendapat tertentu.  Artikel ini membahas tentang definisi ulama dalam perskpektif Alghazali beserta standar yang dikembang oleh Alghazali untuk mentukan kriteria ulama dalam konteks masyarakat islam saat itu.


Author(s):  
Glyn Parry ◽  
Cathryn Enis

This chapter traces the Stratford fallout from the condemnation of John Somerville, which undermined the social status of the Shakespeares’ close friends and neighbours, Adrian and Richard Quiney. After seizing Somerville’s estate the Exchequer concluded that the Quineys, having ostensibly borrowed money from Somerville, must now pay it immediately to the queen, despite their argument that the money actually belonged to the dowry of John’s underage sister, Margaret Somerville. Margaret’s subsequent unavailing attempts to recover her money, and the Quineys to avoid paying the queen, revealed to Stratford society the limitations of the traditional collaborative relationship between central government and local worthies responsible for maintaining the queen’s authority in their regions. The Exchequer applied the strict letter of the law: John Somerville’s signature and seal on the loan agreement counted for more than the equitable claims of the Quineys. More than the rental incomes diverted to the queen for the next decade to repay their debt, the Quineys suffered loss of face, since the Exchequer under Burghley made it evident that their previous public service did not entitle them to special consideration from their sovereign and her officers, because of their innocent association with Catholic ‘traitors’. The Exchequer continued to hound Margaret Somerville for a small debt until well into the reign of James, during which period Shakespeare acknowledged the name in 3 Henry VI, not as a discreet signal of his Catholic sympathies, of which this chapter shows no proof survives, but a comment on the abuse of power.


Author(s):  
Roger Davidson

Chapter 4 constitutes a pioneering study of the practice and prosecution of bestiality in twentieth-century Scotland. In turn, it examines the social status, background, lifestyle and possible motive of offenders, the nature and location of the crime committed, and the process by which it was brought to the attention of the law. The variety of roles undertaken by the police in investigating complaints and preparing evidence for the Procurators Fiscal is detailed. In addition, the significant contribution of forensic and veterinary medicine to building the prosecution case is illustrated, as is the limited use of psychiatric evidence after the First World War. The chapter also discusses the impact of the social taboo surrounding bestiality on the reluctance of Procurators Fiscal at times to initiate prosecutions and the secretive nature of many trial proceedings. Finally, sentencing practices in the period 1900−30 are examined and the degree of continuity and change in medico-legal perceptions of the offence identified..


1962 ◽  
Vol 20 (1) ◽  
pp. 39-68
Author(s):  
J. W. A. Thornely

Hire-purchase is no longer the preserve of the poor. Since the Second World War it has become respectable and has helped much to raise industrial production and the standard of living. The social importance of the law of hire-purchase has increased proportionately to the leap in the national hire-purchase and instalment debt from some £461,000,000 in 1955 to £950,000,000 in 1961. Public and judicial dissatisfaction with the law has become increasingly apparent. During and since 1961, the centenary of (probably) the first finance company in the world, a vintage crop of cases of major importance has illustrated some of the main defects of the present system and demonstrated the still unsatisfactory position of the hirer. Numerous recent articles in legal and other periodicals harshly criticise the law and urge reforms, some of which were proposed in two abortive Private Member's Bills. Mr. F. Montgomery's Hire-Purchase of Motor-Vehicles Bill failed to get beyond first reading in February 1961 and Mr. W. T. Williams’ Hire-Purchase Bill, designed to extend and supplement the Hire-Purchase Acts of 1938 and 1954, was talked out on second reading in December 1961, after the Parliamentary Secretary to the Board of Trade had recommended the House to await the report of the Molony Committee on Consumer Protection.


2018 ◽  
Vol 8 (1) ◽  
pp. 116-138
Author(s):  
Nia Ulfia Krismawati ◽  
Warto Warto ◽  
Nunuk Suryani

Warok is a central figure in the life of Ponorogo Society. The existence, authority, and high social status became a social capital in the perpetuating of an ideology of kanuragan. The groups of Warok has believed that a woman is a source of weakness for mysticists that forces them to resist the lust and avoid a woman. Some of Warok presented a figure of gemblak as diversion of lust as well as an assistant in the various activities. The “menggemblak” behavior was considered not in accordance with religious values and norms because it leads to deviant practices. This study is aimed to analyze the existence of warok and gemblak in the social structure of Ponorogo society and how warok attempted to perpetuate gemblak tradition among the Muslim society as majority. The result showed that the strategic position, social status, and power to influence in the social structure became the social capital to socialize the practice of ablution as kanuragan ideology and it is normal. Meanwhile, the Islamic efforts in shifting the gemblak tradition were carried out through modification of Reog which is considered as an appropriate means of conveying religious values


Born to Write ◽  
2020 ◽  
pp. 20-24
Author(s):  
Neil Kenny

Works of literature and learning that emanated from families were not only similar in some respects to inheritable assets but were often legacies themselves. Birth-based social hierarchy was underpinned by inheritance practices, which varied across France and affected men and women differently. These practices were aimed, amongst other things, at ensuring that children maintained or increased the social status enjoyed by parents or collateral relatives. Among the milieu of royal office holders who were heavily involved in producing works of literature and learning, the patrimonialization of such offices was important to the social status of many families.


Author(s):  
Tristan S. Taylor

The legal categories under the Roman law of persons tell us relatively little about social status. The impact of social status on law is best understood through an examination of elite views of rank and social status. Rank and social status were closely connected as these elite markers of social esteem were requirements for admission to elite ranks. Social status bore a complex relationship to legal status: possession of the legal statuses of citizenship and free birth was a prerequisite for certain ranks, which conferred social status. Legal rules helped guide the behaviour of the social elite. Social status, rather than legal status, conferred advantages in the law, both in the structure of the legal system and through the monopoly of members of the social elite over the application of the law. These advantages could be mitigated by recourse to the patronage or petitioning of an official or the emperor.


2016 ◽  
Vol 2 (2) ◽  
pp. 158-182 ◽  
Author(s):  
Min Zhou ◽  
Xiangyi Li

We consider cross-space consumption as a form of transnational practice among international migrants. In this paper, we develop the idea of the social value of consumption and use it to explain this particular form of transnationalism. We consider the act of consumption to have not only functional value that satisfies material needs but also a set of nonfunctional values, social value included, that confer symbolic meanings and social status. We argue that cross-space consumption enables international migrants to take advantage of differences in economic development, currency exchange rates, and social structures between countries of destination and origin to maximize their expression of social status and to perform or regain social status. Drawing on a multisited ethnographic study of consumption patterns in migrant hometowns in Fuzhou, China, and in-depth interviews with undocumented Chinese immigrants in New York and their left-behind family members, we find that, despite the vulnerabilities and precarious circumstances associated with the lack of citizenship rights in the host society, undocumented immigrants manage to realize the social value of consumption across national borders and do so through conspicuous consumption, reciprocal consumption, and vicarious consumption in their hometowns even without being physically present there. We conclude that, while cross-space consumption benefits individual migrants, left-behind families, and their hometowns, it serves to revive tradition in ways that fuel extravagant rituals, drive up costs of living, reinforce existing social inequality, and create pressure for continual emigration.


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