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Author(s):  
Bejtullah Ismail Gashi Bejtullah Ismail Gashi

This research aims to clarify the provisions in which the Kosovan family law violated Islamic Shari’a، the researcher followed the inductive method، the analytical method and the comparative method for its suitability to the study، the researcher reached a number of results، most notably that the Kosovan family law violated the Islamic Shari، a in the folloving issues: prohibiting polygamy, alloving the Muslim woman to marry a non- Muslim, the Kosovan law also allowed the court to allow to marry Non –Marriageable female relatives by affinity for acceptable and clear reasons, the researcher also recommended that the Kosovar legislator shall adopt the provisions of Islamic Shari,a that contribute to protecting the rights of family members from Islamic Sharia.


2021 ◽  
pp. 365-385
Author(s):  
Evelyn Alsultany
Keyword(s):  

2021 ◽  
Vol 5 (S4) ◽  
Author(s):  
Mohd Syahmil Samsudin ◽  
Nur Sarah Tajul Urus ◽  
Shahmi Awang ◽  
Alias Azhar

The Islamic Family Law Enactment for the states in Malaysia have recognized that jointly acquired property can be claimed by a Muslim woman due to death, divorce, or polygamy. It is in line with the TN50 target to empower women and elevate the dignity of women and prepare them for 2050. Besides that, the legal stipulation shows the law protects the rights of women to enables them to prepare for their future financial planning even after becoming widows or single mothers. The first objective of this study is to identify the legal provisions related to jointly acquired property. The second objective is to highlights the previous studies and cases related to jointly acquired property claims and the third is to propose a simple, quick and friendly standard procedure for jointly acquired property applications. This paper is also expected to provide an understanding regarding on jointly acquired property for future research.


Al-Duhaa ◽  
2021 ◽  
Vol 2 (02) ◽  
pp. 170-180
Author(s):  
Sadia Manzoor ◽  
Prof.Dr.Syed Azkia Hashimi

In this article, an effort has been made to describe the services of Umm ul Mo’mineen Hazrat Ayesha (R.A.). She (R.A.) was the wife of the Holy Prophet (Allah’s mercy and peace be upon him)  and the daughter of Hazrat Abī Bakr R.A. She spent her time in learning and acquiring knowledge of the two most important sources of Islam, the Qur'an and the Sunnah of His Prophet (Allah’s mercy and peace be upon Him). Hazrat Ayesha (R.A.) narrated 2210 ahadith, out of which 174 ahadith are commonly agreed upon by Bukhari and Muslims in Sahibain.           Hazrat Ayesha (R.A) is a great scholar and interpreter of Islam, providing guidance to even the greatest of the Companions (R.A.) of the Holy Prophet Muhammad (Allah’s mercy and peace be upon Him). She has not only described ahadith and reported her observations of events, but interpreted them for the derivation of judgments. Whenever necessary, she corrected the views of the greatest of the Companions of the Holy Prophet (Allah’s mercy and peace be upon Him). It is thus recognized, from the earliest times in Islam, that about two-thirds of Islamic Shari’ah is based on reports and interpretations that have come from Hazrat Ayesha (R.A). Hazrat Abu Musa al-Ash'ari (R.A) says: "Never had we (the companions) been in any trouble for the solution of which we asked Hazrat Ayesha(R.A) and did not find some useful information from her".             As a teacher, she had a perfect and convincing manner of speech. She is a role model for women. She was an authority on many matters of Islamic Law, especially those concerning women. Her life shows to what extent a Muslim woman can rise.


2021 ◽  
Vol 2 (3) ◽  
pp. 445-456
Author(s):  
Ronny Mahmuddin ◽  
Syandri Syandri ◽  
M. Amirullah ◽  
Muh. Agung Fahmi Syam

This study aims to find out the views of the Syāfi'ī and Hanbalī schools in the issue of safar for women without the company of mahrams. The research methods used are qualitative research through juridical-normative and comparative-analysis approaches. Where the research data focuses on the study of manuscripts and texts obtained through the classical jurisprudies of the two mażhabs, such as kitab al-um, Majmῡ', al-Mugnī, and other books related to safar for women without the company of mahram. The results of this study show that the Syāfi'ī school is of the view that in safar it is mandatory to do so with the position of the mahram that can be replaced by a trusted Muslim woman, or with a muslim girl group if the journey is safe from evil for herself and her religion. As for the view of the Hanbalī school, the existence of mahram is mandatory in women's safar, where this mandatory requirement applies in every obligatory journey or purpose of obligatory worship, even more so in the worship of sunah or safar mubah, and the tendency of this opinion refers to the specificity of the propositions about safar. An opinion that is more relevant to the current conditions in safar law for women without mahrams is the Syāfi'ī school, because it sees the changes and circumstances of the present times and also has the propositions naqlī and 'aqlī as supporters of this opinion, but still prioritizes the existence of mahram when it wants to bersafar.


2021 ◽  
Vol 17 (3) ◽  
pp. 395-422
Author(s):  
Merve Kütük-Kuriş

Abstract Turkey’s Islamic fashion market transformed during the 2010s with the entry of young, bourgeois, fashion-conscious Muslim female entrepreneurs. As designers, manufacturers, and retailers, these “Muslim fashionistas” not only gained the attention of young Muslim women but also became lifestyle gurus, projecting images of the successful entrepreneur, the ideal mother, the benevolent philanthropist, and the leisure enthusiast. This combination of roles resonates with the notion of the “ideal Muslim woman” promoted by the government. But its performance entails moments of imperfection and moral dilemma, as the demands of capitalism and consumerism place Muslim fashionistas in opposition to the teachings of their faith and traditional gender regimes. Drawing on practice theory, and on ethnographic fieldwork conducted in Istanbul, this article explores Muslim fashionistas’ everyday performances in the fields of family, charity, and leisure. The objective is to analyze how these agents negotiate and interpret quotidian inconsistencies between their religious and social ideals and those ideals’ manifestation.


2021 ◽  
Vol 1176 (1) ◽  
pp. 012026
Author(s):  
A Baharudin ◽  
A H A Hafidz ◽  
N M Roslan ◽  
I N Zahir ◽  
N A Norjeferi ◽  
...  

2021 ◽  
Vol 4 (1) ◽  
pp. 42-58
Author(s):  
Atus Ludin Mubarok

In the field, it often happens that a Muslim marries a convert to a Muslim woman with a large non-Muslim family status. In marriage, converts submit non-Muslim witnesses. What is the status of their testimony according to the law. The purpose of this study was to determine the position of non-Muslim witnesses to marriage according to the legislation with a qualitative method, a literature study approach. Source of data in the form of legislation related to family law. It is done by deductive-inductive method. From the discussion, it can be concluded that the Indonesian laws and regulations stipulate that marriage witnesses must be Muslim. A non-Muslim is not accepted as a witness to a marriage. In the case of divorce and reconciliation, the witness's special religious requirements are set. There is an opportunity for non-Muslims to be witnesses in ruj'u and divorce cases. Divorce on the grounds of shiqaq must be heard from witnesses who come from the husband and wife's family. That is, Article 76 of Law no. 7/1989 paragraph (1) still applies to family and close people of husband and wife who are non-Muslims and must provide testimony as witnesses.


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