Opinions of contemporary Muslim jurists on the registration of marriages

Mahmud , Mek Wok (2011) Opinions of contemporary Muslim jurists on the registration of marriages. Journal of Islam in Asia, Spcl (2). pp. 435-456. ISSN 1823-0970

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Abstract

Registration of marriages is one of the debatable issues among contemporary Muslim scholars. Considering the fact that it was not implemented during the Prophet’s (s.a.w) time, many scholars discuss the validity of its practice as one of Shari‘ah requirements to recognize a marriage contract. There is a need to critically analyze the opinions of contemporary Muslim schoars on the registration of marriage as a requirement for a marriage contract to be recognized and officially authenticated, as currently practiced in many Muslim countries. Adequate attention is needed to be paid to the issue of the Sharī‘ah status of marriage registration, as it has no basis among the Sharī‘ah requirements for a valid marriage contract. This paper takes into consideration ten principles of Islamic jurisprudence such as al-Qiyās, Sadd al-Dharā’i‘, al-IstiÍsān, Maqāsid al-sharī‘ah and as-Siyāsah al-Shar‘iyyah to prove that the registration of marriage cannot be regarded as alien to Islamic law.

Item Type:	Article (Journal)
Additional Information:	717/22143
Uncontrolled Keywords:	Registration of Marriage, IstiÍsān, maqāsid al-Sharī‘ah, al-MaÎālih al-mursalah, as-Siyāsah al-shar‘iyyah.
Subjects:	B Philosophy. Psychology. Religion > BP Islam. Bahaism. Theosophy, etc > BP1 Islam > BP100 Sacred books > BP140 Islamic law (Fiqh)
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Kulliyyah of Islamic Revealed Knowledge and Human Sciences > Department of Fiqh and Usul al-Fiqh
Depositing User:	Mrs Maznah Zakaria
Date Deposited:	07 Mar 2012 08:00
Last Modified:	03 Jul 2013 09:35
URI:	http://irep.iium.edu.my/id/eprint/22143

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