scholarly journals Custody in Qatari Law and it Coincides with Shariah

2021 ◽  
Vol 1 (3) ◽  
pp. 41-67
Author(s):  
Muhammad Hamad Ali Al-Marri ◽  
Hossam El Din Ibrahim

Custody has significantly important to the family and society and its stability, Therefore, Shariah (Islamic Law) and other all man-made laws have taken attention to it, and Qatari law is one of these laws that have taken care of it very much. The problem of research lies on Qatari’s Law coincides with Shariah (Islamic Law) or not? And research aims to show the concept of custody between Shariah and Qatari Law, and how the harmony between them is. The study followed the inductive approach by tracking and collecting the scientific material from its sources and legal references, and the analytical approach, which leads to the analysis and clarification of the articles of law with the legal rulings and comparing them with jurisprudential opinions. The research concluded that the Custody in Qatari law mostly did not depart from the opinions and sayings of the jurists and scholars of the four schools of Fqih, except few, as it took some parts of the sayings, or combined the sayings in some issues, and rarely separated from the rest of the sayings of them, and all of that was considering the benefit to the case.

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Haifa F. Fawaris

Purpose This study aims to clarify the role of Muslim women in managing their families during the corona pandemic crisis. To achieve this aim, the researcher applied the descriptive and analytical approach. Design/methodology/approach The Muslim women have had a prominent position consistent with the physical, psychological and mental characteristics that Allah has created them. This status is shown by: affirming their rights in all areas of life; affirming everything that preserved the dignity of women before Islam; and correcting all the conditions that detracted their dignity before the advent of Islam and making them responsible in public Islamic life on the level of: preserving Islam, spreading the Islamic call and achieving the civilization advancement of the Muslim nation. Findings The study resulted in many significant results. The most important one of the study results was that, in the context of woman rights and responsibilities she had assumed in Islam, the Muslim woman had a prominent position in Islam. In addition, the mother in the Muslim family had a significant role as a leader, who is capable of managing the family in corona crisis and supporting family members in all aspects such as faith, intellectual endeavors, psychological, social and health, so that they are real leaders. Originality/value The study recommends carrying out educational studies that identify and show the role of institutions other than the family in managing emergency crises.


2021 ◽  
pp. arabic cover-english cover
Author(s):  
علي عبد العزيز سيور

يجيب البحث عن إشكالية تتعلق بالعلاقات الأسرية من جهة الاحتكام للأعراف في النفقة والمسكن والملبس وغيرها، مما يترتب على ذلك خلافات تفضي ببعضها إلى المحاكم، وقد تنتهي بالطلاق. وقد هدف البحث إلى : 1 ـ تقديم منظومة معرفية متعلقة بدلالات العشرة بالمعروف من أجل الإسهام في إعادة تشكيل عقلية ناضجة للزوجين تضبط العلاقة بينهما عند الخلاف. 2 ـ تسليط الضوء على أبعاد وحدود المعروف نصًا والمعروف عرفًا في الأسرة. 3 ـ التأكيد على أن العشرة بالمعروف متبادلة بين كل من الزوج والزوجة، لا يقتصر هذا التكليف على واحد دون الآخر. وقد اعتمدت المنهج الاستقرائي عبر جمع الايات القرآنية ذات الصلة وذكر أقوال المفسرين والفقهاء، والمنهج التحليلي في فهم دلالات الألفاظ وتوجيهات المفسرين، والمنهج الاستنباطي بغية الوصول إلى ضوابط جامعة تخدم الهدف العام للبحث، وانتهى البحث إلى مجموعة من النتائج والتوصيات ومنها: اعتبار العرف الذي لا يخالف نصًا شرعيًا قاعدة من القواعد المعتبرة في ضبط العلاقات بين الزوجين. بشرط أن يقع تحت قدرة الزوج وطاقته، وأن يكون مما انتشر بين الناس، وينطبق على الأسرة مثله. القرآن الكريم ـ العشرة بالمعروف – العلاقة الأسرية – الحقوق بين الزوجين – العرف وأثره بين الزوجين. Summary The research answers a problem related to family relations in terms of resorting to customs in alimony, housing, clothing, and others...which results in disputes that may lead to some of them in the courts and may end in divorce. The aim of the research was to 1 - presenting a knowledge system related to the semantics of the good-natured in order to contribute to reshaping a mature mentality of the spouses that controls the relationship between them in the event of disagreement. 2 - and to shed light on the dimensions and limits of what is textually known and what is known by convention in the family. 3 - Emphasis on that good practice is mutual. Between both husband and wife, this assignment is not limited to one without the other. The inductive approach was adopted by collecting the relevant Qur’anic verses and mentioning the sayings of the commentators and jurists, the analytical approach in understanding the semantics of the words and the directives of the interpreters, and the deductive approach in order to reach comprehensive controls that serve the general objective of the research, and the research ended with a set of results and recommendations, including: Considering the custom that does not contradict A legal text is one of the considered rules in controlling relations between spouses. Provided that it falls under the husband’s ability and energy, and that it is something that has spread among people, and applies to the family like him. The Noble Qur’an - Ten Laws - Family Relationship - Rights between spouses - Custom and its effect between spouses.


2003 ◽  
Vol 8 (1) ◽  
pp. 45-58 ◽  
Author(s):  
Cherylynn Bassani

This paper discusses changes in Japanese parenting over the past two generations. Using an inductive approach to the understanding of Japanese families, 10 separate families were theoretically sampled in the Kansai area during the summer of 2000. Concepts surrounding changing parenting emerged from talks with parents. Four interrelated concepts are eminent in the interviews: the rise of individual ethics in parenting, changing parental roles, impacts of changes on children, and romanticized parenting. Key generational and gender differences are apparent across all four concepts. Concepts that emerged from these interviews reflect changes in society and the family that past research has addressed.


Author(s):  
Aulil Amri

In Islamic law, pre-wedding photos have not been regulated in detail. However, pre-wedding photo activities have become commonplace by the community. It becomes a problem when pre-wedding is currently done with an intimate scene, usually the prospective bride uses sexy clothes and is also not accompanied by her mahram when doing pre-wedding photos. Even though there have been many fatwas and studies on the limits of permissibility and prohibition in the pre-wedding procession.The results show that the pre-wedding procession that is carried out by the community in terms of poses, clothes, and also assistance in accordance with Islamic law, the law is permissible. However, it often happens in the community to take photos before the marriage contract with scenes as if they are legally husband and wife and the bride's family knows without prohibiting, directing, and guiding them according to Islamic teachings. In this case the role of the family is very important, we as parents must understand the basis of religious knowledge and how to instill religious values in our children since childhood is the key to this problem dilemma.


ULUMUNA ◽  
2017 ◽  
Vol 16 (1) ◽  
pp. 103-124
Author(s):  
Zaenuddin Mansyur

In order to answer a variety of issues faced by human being in the current era, such as human rights abuses, social disintegration, and terrorism, the renewal of Islamic law in the level of theoretical and practical aspects is very urgent. This paper aims to examine one of the Islamic legal reform efforts, namely to build a more technical understanding of the concept of maṣlaḥah contained in the maqāṣīd sharī‘ah, called the al-kulliyat al-khamsah. Therefore, the concept of maṣlaḥah in ḥifẓ al-dīn is technically defined as al-ḥurriyah al-i‘tiqād (freedom of religion and schools); in ḥifẓ al-nafs as al-karamat al-insān (human being breeding); in ḥifẓ al-nasl as ḥifẓ al-usrah (wholeness and harmony of the family); in ḥifẓ al-māl as al-taḍammun al-insān (social solidarity ), and in ḥifẓ al-‘aql as al-ḥuqūq as al-tarbiyāt (increasing human resources quality).


2020 ◽  
Vol 1 (1) ◽  
pp. 180-199
Author(s):  
Awal Rifai ◽  
Usamah Maming

Surah An-Nisa is one of the longest madaniah surah, and is one full of provisions of sharia laws that govern all matters both internal and external ones for Muslims. Among the prominence of this noble surah is that it tells a lot about important things related to women, household, family, country, and social life. In this surah, there are commands and prohibitions in various matters. The purpose of this study was to extract imperative sentences related to family life and then briefly identify the rules that became the base for these commands. The researcher employed an inductive and analytical approach by extrapolating Surah Al-Nisa, taking imperative sentences related to family life, and explaining the law which is concluded from it. Researcher finds, among the most important of the most important ones are as follows: understanding the meaning of al-amr (command) which is a request to do something in the form of superiority. There are two types of amr: direct and indirect. The number of amr related to the family in the surah is seventeen.


2018 ◽  
Vol 3 (1) ◽  
Author(s):  
Anwar Hidayat ◽  
M. Gary Gagarin Akbar ◽  
Deny Guntara

Abstrak Pemberlakuan aturan mengenai kewarisan di Indonesia selama ini terjadi perdebatan antara para ahli hukum tentang status hukum Islam dan hukum adat.Berkaitan dengan permasalahan dalam hukum waris pada hukum Islam dan hukum Adat, maka perlu adanya kesesuaian bagi masyarakat yang akan mempergunakan masing-masing hukum tersebut dalam menyelesaian warisannya kepada sang ahli waris yang berhak. Ketentuan hukum Islam di Indonesia belum merupakan undang-undang (kodifikasi) haruslah sistematis dan prosedural, harus jelas siapa subyek dan obyeknya dan diundangkan oleh lembaga yang berwenang dalam negara. Rumusan masalah dalam penelitian ini adalah bagaimana perbandingan dalam pembagian waris berdasarkan pada hukum islam dan hukum adat. Metode penelitian ini menggunakan metode kualitatif dengan metode pendekatan yuridis empiris. Hasil penelitian yaitu Hukum waris Islam telah menempatkan atauran kewarisan dan hukum mengenai harta benda dengan sebaik-baiknya dan seadil-adilnya. Islam menetapkan hak milik seseorang atas harta, baik bagi laki-laki maupun perempuan seperti perpindahan hak milik dan perempuan pada waktu masih hidup atau perpindahan harta kepada ahli warisnya setelah ia meninggal dunia. Hukum waris adat berpangkal dari bentuk masyarakat dan sifat kekeluargaan yang terdapat di Indonesia menurut sistem keturunan, dan setiap sistem keturunan yang ada mempunyai kekhususan dalam hukum waris yang satu dengan yang lain berbeda-beda. Kata Kunci:Waris, Hukum Islam, Hukum Adat Abstract The enactment of the rules regarding inheritance in Indonesia has been a debate between legal experts about the status of Islamic law and customary law. In connection with problems in inheritance law in Islamic law and Customary law, it is necessary for the community to use each of these laws in complete the inheritance to the rightful heirs. The provisions of Islamic law in Indonesia are not yet laws (codification) must be systematic and procedural, it must be clear who the subject and object are and are promulgated by the authorized institutions in the country. The formulation of the problem in this study is how comparisons in inheritance distribution are based on Islamic law and customary law. This research method uses qualitative methods with an empirical juridical approach method. The results of the research, namely Islamic inheritance law has placed the inheritance and law regarding property as well as possible and as fair as fair. Islam establishes someone's property rights, both for men and women, such as the transfer of property rights and women while still alive or the transfer of property to his heirs after he dies. The customary inheritance law stems from the form of the community and the family character found in Indonesia according to the hereditary system, and each of the offspring systems that have specific inheritance laws is different from one another Keyword: Inheritance, Islamic Law, Customary Law


2018 ◽  
Vol 13 (2) ◽  
pp. 313-338
Author(s):  
Moh. Dahlan

This paper by using the ijtihad paradigm of maqâshid al-syarî’ah of Jasser Audah and the descriptive-analytical approach, would like to emphasize that the role of religion and economic welfare are two things that cannot be separated. Although in practice these two things often face obstacles, especially in the matter of diversity in religious life because of the superficial ijtihad paradigm of Islamic law. Based on the contemporary paradigm that seeks to provide new criteria in the conception of qath’i al-dlilalah and dlanni al-dlilalah, it can be stated that the contemporary Islamic law paradigm that needs to be built must be based on (a) the development of citizens’ welfare Muslims, but also must be the same as non-Muslims because of that we need to carry out financial and economic reforms (al-ishlâh al-mâlî wa al-iqtishâdî); (b) protection of freedom of thought (hurriyah al-tafkîr) and freedom of religion (hurriyah al-i’tiqâd) is an important aspect that must be maintained to guarantee the peace and harmony of the nation’s life in the territory of Indonesia. Therefore, the religious and economic aspects must be prioritized for their protection and safety.


2021 ◽  
Vol 8 (2) ◽  
pp. 218
Author(s):  
Ibnu Taqwim ◽  
Pagar Hasibuan ◽  
Zulkarnain Zulkarnain

The inconsistency of law enforcement in implementing the substance of the narcotics law has led to a polemic in the community, especially against cases of drug abuse committed by minors, it becomes unclear, the approach method used in this study uses a normative juridical approach. The research found that children as perpetrators of narcotics crimes, if they are not proven to be dealers, which can be dangerous as a basis for imprisonment for children, it is necessary to be rehabilitated as regulated in the narcotics law. Considering that children who are perpetrators of narcotics crimes are only users and are affected by bad environmental conditions both in the family and the environment. Narcotics in the Islamic perspective is analogous to the prohibition of drinking alcohol. This prohibition is carried out because narcotics cause hatred, hostility, disaster and dangerous disasters, both for users, families, communities and the nation and state. Narcotics are prohibited in Islamic law and producers, dealers and users will be subject to Had or Ta’zir sanctions.


2021 ◽  
Vol 32 (3) ◽  
pp. 41-57
Author(s):  
Nihal Abdulsalam Rehawi Jalb ◽  
Qassem Al-Rebdawi

The study aims to examine the problem of forced displacement and its social and economic problems in light of the Syrian crisis. Such an aim helps to know the difficulties and challenges facing the children of displaced families in learning, and the reasons for their lack of enrolment. It also clarifies whether there are significant statistical differences at  among the attitudes of the children of the displaced families towards education regarding the following variables: (the work of the head of the family, the economic level of the family, and the work of the children). The study has adopted the descriptive-analytical approach;  a questionnaire was adopted as a tool to collect information. The study was applied to a sample of displaced families in Jaramana City in the governorate of Damascus countryside. The sample consisted of sixty items that represent 40% of the displaced families. Results have shown that the largest percentage of the social and economic problems that the displaced families suffer from is due to the high rents of houses and apartments, and to the high prices and the inability to purchase the basic needs. There are statistically significant differences between the attitudes of the children of the displaced families towards education due to the variable of work of the head of the family, and to the variable of the economic level. For the family, the study has recommended, in light of its findings, several recommendations, including: Enacting temporary laws for the displaced families that include: educating their children, giving priority to employing the members of these families, providing them with houses, and granting them easy and interest-free loans that enable them to buy a house or repair their homes when they return to their liberated from terror areas.


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