Al-Takyiīf Al-Fiqhī (Fiqhī characterization) of matrimonial property in Islamic jurisprudence

Eletrebi, Mohamed Fathy and Suleiman, Hassan (2021) Al-Takyiīf Al-Fiqhī (Fiqhī characterization) of matrimonial property in Islamic jurisprudence. Linguistics and Cultural Reviews, 5 (S4). pp. 2195-2202. ISSN 2690-103X

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Abstract

Urf (custom) and al-maṣlahah al-mursalah (public interest) are among the sources of law disputed by uṣūlīs; however, the majority of scholars are aware that public interest and its guidelines revolve around the Sharī‘ah Objectives and that custom is legally authoritative and can be referred to for judgment. It is widely known that the statement, "Al-‘ādatu Muhakkamah", is one of the major universal maxims for the Shafi‘ite school. Undoubtedly, referring to ‘Urf and al-maṣlahah al-mursalah, within the legislative framework and according to the divisions recognized by uṣūlīs, aims at the realization of the public interests, and in some cases, private interests of certain society groups. The research seeks to reach a sound fiqhi characterization (al-takyīf al-fiqhī) for the matrimonial property in view of two sources of law, namely custom and public interest, and for the rights of each spouse to the matrimonial property while marriage exists or in case of separation due to divorce of death.

Item Type:	Article (Journal)
Additional Information:	8687/96437
Uncontrolled Keywords:	almaslahah, Al-Takyīf al-Fiqhī, Al-ʿUrf, jurisprudential, matrimonial property, Sharīʿah.
Subjects:	H Social Sciences > HQ The family. Marriage. Woman K Law > K1401 Intellectual Property K Law > K720 Property Law K Law > KBP Islamic Law K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh 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 > 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 Kulliyyah of Islamic Revealed Knowledge and Human Sciences > Department of Fiqh and Usul al-Fiqh
Depositing User:	Dr. Hassan Suleiman
Date Deposited:	25 Jan 2022 08:43
Last Modified:	25 Jan 2022 08:43
URI:	http://irep.iium.edu.my/id/eprint/96437

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