Al-Takyīf al-Fiqhī for the Shared Properties between Spouses in the Light of Jurisprudential Evidence التكييف الفقهي للأموال المشتركة بين الزوجين في ضوء الأدلة الاجتهادية

Suleiman, Hassan and Eletrebi, Mohamed Fathy (2021) Al-Takyīf al-Fiqhī for the Shared Properties between Spouses in the Light of Jurisprudential Evidence التكييف الفقهي للأموال المشتركة بين الزوجين في ضوء الأدلة الاجتهادية. Journal of Fatwa and Management Research, مجلة إدارة وبحوث الفتاوى, 24 (2). pp. 274-287. ISSN 2232-1047 E-ISSN 0127-8886

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Abstract

Al-ʿUrf (customary law) is considered among the disputed jurisprudential evidence between the Uṣulī scholar. However, it is not hidden from majority of the scholar that custom has legal impact and that custom is authoritative, besides, it is well-known that custom is one of the major legal maxims according to the Shafiʿīs, and there is no doubt that resorting to custom is based on the realization of public interests and sometimes of a class or sect of society, given its legislative framework and its significant divisions among the fundamentalists.Therefore, under the light of jurisprudential evidence, this research aims for a sound jurisprudential computation of the shared properties between the spouses by examining the term and defining its concept, and does one of the spouse has the right to demand some money when the marriage discontinues, or is it permissible to request in the event of a divorce or death between them with something from the husband’s private gain as a partner in it? If the Sharīʿah does not allow the will in a person’s life by more than a third, which is his money and his dependents’, does it is permissible for the spouse to demand half of the properties upon divorce or death, while half is more than one-third, and for what extend will the damage or loss occur in the half division? By that, this research has followed the descriptive inductive analytical approach to arrive into its findings.

Item Type:	Article (Journal)
Additional Information:	8687/89857
Uncontrolled Keywords:	Al-Takyīf al-Fiqhī- Al-ʿUrf , Jurisprudential, Sharīʿah,almaslahah, Shared Properties
Subjects:	B Philosophy. Psychology. Religion > BP Islam. Bahaism. Theosophy, etc > BP1 Islam > BP100 Sacred books > BP140 Islamic law (Fiqh) H Social Sciences > HQ The family. Marriage. Woman H Social Sciences > HQ The family. Marriage. Woman > HQ503 The family. Marriage. Home K Law > K670 Family Law 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 > KBP173.25 Islamic law and other disciplines or subjects K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh > KBP425 Uṣūl al-fiqh. Jurisprudence and theory of law. Science of legal reasoning.
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. Hassan Suleiman
Date Deposited:	24 May 2021 08:21
Last Modified:	24 May 2021 08:21
URI:	http://irep.iium.edu.my/id/eprint/89857

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