Justification for state intervention in family matters: an analysis from the context of islamic jurisprudence

Can the State intervene in family life? Arguments for State intervention in family life usually contend with arguments that emphasise the right of the family to integrity and freedom from State encroachment. Studies have shown that there is a no-end debate on this issue. In view of that, this paper...

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Main Authors:	Saidon, Rafeah, Kamaruddin, Zaleha, Arifin, Mahamad, Ibrahim, Norliah, Sahari, Noorul Huda
Format:	Article
Language:	English
Published:	Universiti Teknologi Mara 2015
Subjects:	K Law (General)
Online Access:	http://irep.iium.edu.my/48102/ http://irep.iium.edu.my/48102/1/journal_islamic_studies_uit%2C.pdf

id	iium-48102
recordtype	eprints
spelling	iium-481022018-05-21T06:09:59Z http://irep.iium.edu.my/48102/ Justification for state intervention in family matters: an analysis from the context of islamic jurisprudence Saidon, Rafeah Kamaruddin, Zaleha Arifin, Mahamad Ibrahim, Norliah Sahari, Noorul Huda K Law (General) Can the State intervene in family life? Arguments for State intervention in family life usually contend with arguments that emphasise the right of the family to integrity and freedom from State encroachment. Studies have shown that there is a no-end debate on this issue. In view of that, this paper examines the justification of State intervention in family matters from the perspective of Islamic jurisprudence. For this reason, several Shariah principles and rulings are analysed to justify the state intervention and its limitations. As this writing is a conceptual paper, the method used primarily is based on library research, where references comprise extensive literature in the form of books, journal articles, relevant statutes, verses from the Quran and the traditions of the Prophet and his companions. It is found that, being the highest authority entrusted by Allah SWT to sustain the order of the community particularly the family institution, the state has the right to intervene in family matters by imposing both legal and non-legal mechanisms for the purpose of safeguarding the family as intended by Allah SWT. A number of justifications is highlighted in this paper to denote the discretionary power of the State in interfering in the family matters of its citizens. Universiti Teknologi Mara 2015 Article PeerReviewed application/pdf en http://irep.iium.edu.my/48102/1/journal_islamic_studies_uit%2C.pdf Saidon, Rafeah and Kamaruddin, Zaleha and Arifin, Mahamad and Ibrahim, Norliah and Sahari, Noorul Huda (2015) Justification for state intervention in family matters: an analysis from the context of islamic jurisprudence. Journal of Contemporary Islamic Studies, 1. pp. 33-49. ISSN 2289-9634
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	K Law (General)
spellingShingle	K Law (General) Saidon, Rafeah Kamaruddin, Zaleha Arifin, Mahamad Ibrahim, Norliah Sahari, Noorul Huda Justification for state intervention in family matters: an analysis from the context of islamic jurisprudence
description	Can the State intervene in family life? Arguments for State intervention in family life usually contend with arguments that emphasise the right of the family to integrity and freedom from State encroachment. Studies have shown that there is a no-end debate on this issue. In view of that, this paper examines the justification of State intervention in family matters from the perspective of Islamic jurisprudence. For this reason, several Shariah principles and rulings are analysed to justify the state intervention and its limitations. As this writing is a conceptual paper, the method used primarily is based on library research, where references comprise extensive literature in the form of books, journal articles, relevant statutes, verses from the Quran and the traditions of the Prophet and his companions. It is found that, being the highest authority entrusted by Allah SWT to sustain the order of the community particularly the family institution, the state has the right to intervene in family matters by imposing both legal and non-legal mechanisms for the purpose of safeguarding the family as intended by Allah SWT. A number of justifications is highlighted in this paper to denote the discretionary power of the State in interfering in the family matters of its citizens.
format	Article
author	Saidon, Rafeah Kamaruddin, Zaleha Arifin, Mahamad Ibrahim, Norliah Sahari, Noorul Huda
author_facet	Saidon, Rafeah Kamaruddin, Zaleha Arifin, Mahamad Ibrahim, Norliah Sahari, Noorul Huda
author_sort	Saidon, Rafeah
title	Justification for state intervention in family matters: an analysis from the context of islamic jurisprudence
title_short	Justification for state intervention in family matters: an analysis from the context of islamic jurisprudence
title_full	Justification for state intervention in family matters: an analysis from the context of islamic jurisprudence
title_fullStr	Justification for state intervention in family matters: an analysis from the context of islamic jurisprudence
title_full_unstemmed	Justification for state intervention in family matters: an analysis from the context of islamic jurisprudence
title_sort	justification for state intervention in family matters: an analysis from the context of islamic jurisprudence
publisher	Universiti Teknologi Mara
publishDate	2015
url	http://irep.iium.edu.my/48102/ http://irep.iium.edu.my/48102/1/journal_islamic_studies_uit%2C.pdf
first_indexed	2023-09-18T21:08:19Z
last_indexed	2023-09-18T21:08:19Z
_version_	1777411083152130048

Justification for state intervention in family matters: an analysis from the context of islamic jurisprudence

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