Application of maslahah (interest) in deciding the right of hadanah (custody) of a child: the practice in the Syariah Court of Malaysia

Firstly, this article briefly discusses the concept of maslahah in Islam. Relevant verses in the Qur’an and hadith of the Prophet Muhammad s.a.w are referred to show that the principle of maslahah has strong supportive authorities in Shariah. Secondly, the application of the principle of maslahah...

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Main Authors:	Che Soh @ Yusoff, Roslina, Abdul Hak, Nora
Format:	Article
Language:	English
Published:	American-Eurasian Network for Scientific Information (AENSI), Jordan 2011
Subjects:	KBP Islamic Law KPG Malaysia
Online Access:	http://irep.iium.edu.my/6542/ http://irep.iium.edu.my/6542/ http://irep.iium.edu.my/6542/1/Application_of_maslahah.pdf

id	iium-6542
recordtype	eprints
spelling	iium-65422014-10-13T00:33:43Z http://irep.iium.edu.my/6542/ Application of maslahah (interest) in deciding the right of hadanah (custody) of a child: the practice in the Syariah Court of Malaysia Che Soh @ Yusoff, Roslina Abdul Hak, Nora KBP Islamic Law KPG Malaysia Firstly, this article briefly discusses the concept of maslahah in Islam. Relevant verses in the Qur’an and hadith of the Prophet Muhammad s.a.w are referred to show that the principle of maslahah has strong supportive authorities in Shariah. Secondly, the application of the principle of maslahah in custody dispute is deliberated. The application of the divisions of maslahah i.e., dharuriyyah, hajiyyah and tahsiniyyah is presented in detail. Relevant provisions of the Islamic Family Law Act/Enactment and decided cases of the Shariah Court are analysed to study the practice of the principle of child’s interest in Malaysia. Thirdly, conclusion is made emphasising on the importance of the Syariah Courts giving due consideration to this principle of maslahah in awarding the custody order. The study was mainly based on library research. It used Islamic legal research methodology. The benefit of this methodology is that through the study of the classical schools of legal thought of the Muslim jurists and the reasoning behind their rulings, a proper knowledge concerning the topic of the study has been acquired and this knowledge has been used to analyse the existing law and application of maslahah in Malaysia. Islamic legal research methodology is based on the study of the sources of law i.e., the Qur’an and the Sunnah and also other secondary sources of shariah. Basically, it involves a thorough study of the relevant literature on fiqh, tafsir and hadiths of the Prophet Muhammad of the recognised schools of Islamic law relating to the principle of maslahah in custody dispute. American-Eurasian Network for Scientific Information (AENSI), Jordan 2011 Article PeerReviewed application/pdf en http://irep.iium.edu.my/6542/1/Application_of_maslahah.pdf Che Soh @ Yusoff, Roslina and Abdul Hak, Nora (2011) Application of maslahah (interest) in deciding the right of hadanah (custody) of a child: the practice in the Syariah Court of Malaysia. Journal of Applied Sciences Research, 7 (13). pp. 2182-2188. ISSN 1819-544X http://aensionline.com/jasr/jasr/2011/2182-2188.pdf
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	KBP Islamic Law KPG Malaysia
spellingShingle	KBP Islamic Law KPG Malaysia Che Soh @ Yusoff, Roslina Abdul Hak, Nora Application of maslahah (interest) in deciding the right of hadanah (custody) of a child: the practice in the Syariah Court of Malaysia
description	Firstly, this article briefly discusses the concept of maslahah in Islam. Relevant verses in the Qur’an and hadith of the Prophet Muhammad s.a.w are referred to show that the principle of maslahah has strong supportive authorities in Shariah. Secondly, the application of the principle of maslahah in custody dispute is deliberated. The application of the divisions of maslahah i.e., dharuriyyah, hajiyyah and tahsiniyyah is presented in detail. Relevant provisions of the Islamic Family Law Act/Enactment and decided cases of the Shariah Court are analysed to study the practice of the principle of child’s interest in Malaysia. Thirdly, conclusion is made emphasising on the importance of the Syariah Courts giving due consideration to this principle of maslahah in awarding the custody order. The study was mainly based on library research. It used Islamic legal research methodology. The benefit of this methodology is that through the study of the classical schools of legal thought of the Muslim jurists and the reasoning behind their rulings, a proper knowledge concerning the topic of the study has been acquired and this knowledge has been used to analyse the existing law and application of maslahah in Malaysia. Islamic legal research methodology is based on the study of the sources of law i.e., the Qur’an and the Sunnah and also other secondary sources of shariah. Basically, it involves a thorough study of the relevant literature on fiqh, tafsir and hadiths of the Prophet Muhammad of the recognised schools of Islamic law relating to the principle of maslahah in custody dispute.
format	Article
author	Che Soh @ Yusoff, Roslina Abdul Hak, Nora
author_facet	Che Soh @ Yusoff, Roslina Abdul Hak, Nora
author_sort	Che Soh @ Yusoff, Roslina
title	Application of maslahah (interest) in deciding the right of hadanah (custody) of a child: the practice in the Syariah Court of Malaysia
title_short	Application of maslahah (interest) in deciding the right of hadanah (custody) of a child: the practice in the Syariah Court of Malaysia
title_full	Application of maslahah (interest) in deciding the right of hadanah (custody) of a child: the practice in the Syariah Court of Malaysia
title_fullStr	Application of maslahah (interest) in deciding the right of hadanah (custody) of a child: the practice in the Syariah Court of Malaysia
title_full_unstemmed	Application of maslahah (interest) in deciding the right of hadanah (custody) of a child: the practice in the Syariah Court of Malaysia
title_sort	application of maslahah (interest) in deciding the right of hadanah (custody) of a child: the practice in the syariah court of malaysia
publisher	American-Eurasian Network for Scientific Information (AENSI), Jordan
publishDate	2011
url	http://irep.iium.edu.my/6542/ http://irep.iium.edu.my/6542/ http://irep.iium.edu.my/6542/1/Application_of_maslahah.pdf
first_indexed	2023-09-18T20:15:32Z
last_indexed	2023-09-18T20:15:32Z
_version_	1777407762398969856

Application of maslahah (interest) in deciding the right of hadanah (custody) of a child: the practice in the Syariah Court of Malaysia

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