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أثر العرف في معايير ال كفاءة في النكاح: دراسة مقاصدية = The effect of custom in the criteria of competence in marriage: a Maqasidic study

Al-Marri, Ali Mubarak and Sitiris, Miszairi and Arif, Arif Ali (2019) أثر العرف في معايير ال كفاءة في النكاح: دراسة مقاصدية = The effect of custom in the criteria of competence in marriage: a Maqasidic study. International Journal of Fiqh and Usul Al-Fiqh (IJFUS), 3 (1). pp. 41-51. E-ISSN 2600-8408

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Abstract

This research addresses some of the deviant customs which affect the determination of the criteria of competence in marriage as a result of variations of this determination according to the variation of time and place. The customs that are intended for research in this study are three. First, defects related to outward appearance in the suitor and its effects on his competence; second, suitor’s belonging to a state other than that of the fiancée; and third, his wealth or poverty and its effect on his competence. The research concluded that competence criteria are not fixed. Rather, they vary with the variation of situations. Moreover, the customs mentioned earlier have certain serious and harmful effects such as women committing prohibited things, their delinquency of temptation and sinful acts, and the spread of spinsterhood in the society. Also, the determination of competence in marriage in an unnatural manner is harmful to the family and the entire society due to its contradiction to the Shariah’s objectives of preserving the religion and progeny.

Item Type: Article (Journal)
Additional Information: 2419/72980
Uncontrolled Keywords: Custom, Competence, Criteria, Marriage, Maqasid Al-Shariah, العرف، الكفاءة، املعايري، النكاح، مقاصد الشريعة.
Subjects: K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.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: DR MISZAIRI SITIRIS
Date Deposited: 19 Jul 2019 15:45
Last Modified: 19 Jul 2019 21:07
URI: http://irep.iium.edu.my/id/eprint/72980

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