Haneef, Sayed Sikandar Shah and Abdul Razak, Mohd Abbas and Laluddin, Hayatullah (2020) Juridical impact of 'urf on family law : an applied juristic framework for local fiqh. In: THE 2nd NATIONAL SEMINAR ON CONTEMPORARY FIQH 2020 Family Fiqh in Malaysia: Towards Promoting Insan Sejahtera, 9 December 2020, IIUM. (Unpublished)
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Abstract
Fiqh of family in the classical literature is the most interesting area where one can clearly see how our legal thinkers of the bygone days pragmatically negotiated the way for the absorption of their local customs to establish and sustain family and manage marriage and the aftermath of its dissolution. Their foresight in reconciling `urf with textual laws, and their genius in formulating operational rules for complying with the dictates of Shariah commands in tandem with time-space requirements of their local environment are illustrative of the fact that consideration of local factors (`urf and `adat) are part and parcel of grounding divine law into human reality, whether family or wider society. Accordingly, this study by adopting an inductive reading of the classical jurists’ discourse on assimilating custom into the corpus of Islamic family fiqh on selected topical issues proves this to be case. Its compact analysis of this thesis provides useful juridical lessons for developing local family fiqh in Malaysia.
| Item Type: | Conference or Workshop Item (Plenary Papers) |
|---|---|
| Additional Information: | 3049/86514 |
| Uncontrolled Keywords: | Fiqh of family : `urf |
| Subjects: | K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh > KBP425 Uṣūl al-fiqh. Jurisprudence and theory of law. Science of legal reasoning. K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh > KBP470 Law reform. Criticism. Tanzim K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh > KBP490 Furūʻ al-fiqh. Substantive law. Branches of law. |
| 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: | Prof. Sayed Sikandar Shah Haneef |
| Date Deposited: | 18 Dec 2020 09:52 |
| Last Modified: | 18 Dec 2020 09:52 |
| URI: | http://irep.iium.edu.my/id/eprint/86514 |
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