عادة زواج المسافة: دراسة فقهية تحليلية = The custom of distant-marriage: a juristic analytical study
This research presents a marriage custom called the custom of "Distant-Marriage," where the guardian is intentionally excluded during the marriage contract without any necessary reason that called for it. The researchers discuss about legal marriage and its conditions which include (accord...
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| Format: | Article |
| Language: | English |
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IIUM Press, International Islamic University Malaysia
2018
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| Online Access: | http://irep.iium.edu.my/69436/ http://irep.iium.edu.my/69436/ http://irep.iium.edu.my/69436/1/69436_%D8%B9%D8%A7%D8%AF%D8%A9%20%D8%B2%D9%88%D8%A7%D8%AC%20%D8%A7%D9%84%D9%85%D8%B3%D8%A7%D9%81%D8%A9%20%D8%AF%D8%B1%D8%A7%D8%B3%D8%A9.pdf |
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iium-69436 |
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eprints |
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iium-694362019-02-15T08:59:44Z http://irep.iium.edu.my/69436/ عادة زواج المسافة: دراسة فقهية تحليلية = The custom of distant-marriage: a juristic analytical study Mahmud Osman, Halimo Mat Jubri@Shamsuddin, Mustafa BP173 Islamic sociology BP173.63 Islam and civil society HQ503 The family. Marriage. Home KBP490 Furūʻ al-fiqh. Substantive law. Branches of law. This research presents a marriage custom called the custom of "Distant-Marriage," where the guardian is intentionally excluded during the marriage contract without any necessary reason that called for it. The researchers discuss about legal marriage and its conditions which include (according to the sound view of Muslim jurists,) the consent of the guardian. The researchers also mention the different opinions of jurists concerning this guardianship during the marriage contract, followed by the evidence of each School of Islamic Law and then state the fairest opinion on the matter. In addition, the researchers mention the pillars of marriage, its rulings, and its purposes because of which it has been legislated. All of this is mentioned as an introduction to the main subject of the research. Then the researchers move to talk about the crux of the subject which is "Distant-Marriage" with its definition, and the reasons that facilitated its spread among Muslims. The researchers then speak about the effects and damages caused by “Distant-Marriage,” including the large number of divorces, the displacement or homelessness of children and the separation between relatives and family members. Finally, the researchers talk about the position of Shafi'ī School of Law on “Distant-Marriage” indicating that this marriage is not related to this School of Law. Therefore, the researchers state that “Distant-Marriage” violates the method of Islamic legal marriage, and that Muslims must avoid it. IIUM Press, International Islamic University Malaysia 2018-12-30 Article PeerReviewed application/pdf en http://irep.iium.edu.my/69436/1/69436_%D8%B9%D8%A7%D8%AF%D8%A9%20%D8%B2%D9%88%D8%A7%D8%AC%20%D8%A7%D9%84%D9%85%D8%B3%D8%A7%D9%81%D8%A9%20%D8%AF%D8%B1%D8%A7%D8%B3%D8%A9.pdf Mahmud Osman, Halimo and Mat Jubri@Shamsuddin, Mustafa (2018) عادة زواج المسافة: دراسة فقهية تحليلية = The custom of distant-marriage: a juristic analytical study. International Journal of Fiqh and Usul al-Fiqh Studies, 2 (2). pp. 112-123. E-ISSN 2600-8408 http://journals.iium.edu.my/al-fiqh/index.php/al-fiqh/article/view/102/39 |
| repository_type |
Digital Repository |
| institution_category |
Local University |
| institution |
International Islamic University Malaysia |
| building |
IIUM Repository |
| collection |
Online Access |
| language |
English |
| topic |
BP173 Islamic sociology BP173.63 Islam and civil society HQ503 The family. Marriage. Home KBP490 Furūʻ al-fiqh. Substantive law. Branches of law. |
| spellingShingle |
BP173 Islamic sociology BP173.63 Islam and civil society HQ503 The family. Marriage. Home KBP490 Furūʻ al-fiqh. Substantive law. Branches of law. Mahmud Osman, Halimo Mat Jubri@Shamsuddin, Mustafa عادة زواج المسافة: دراسة فقهية تحليلية = The custom of distant-marriage: a juristic analytical study |
| description |
This research presents a marriage custom called the custom of "Distant-Marriage," where the guardian is intentionally excluded during the marriage contract without any necessary reason that called for it. The researchers discuss about legal marriage and its conditions which include (according to the sound view of Muslim jurists,) the consent of the guardian. The researchers also mention the different opinions of jurists concerning this guardianship during the marriage contract, followed by the evidence of each School of Islamic Law and then state the fairest opinion on the matter. In addition, the researchers mention the pillars of marriage, its rulings, and its purposes because of which it has been legislated. All of this is mentioned as an introduction to the main subject of the research. Then the researchers move to talk about the crux of the subject which is "Distant-Marriage" with its definition, and the reasons that facilitated its spread among Muslims. The researchers then speak about the effects and damages caused by “Distant-Marriage,” including the large number of divorces, the displacement or homelessness of children and the separation between relatives and family members. Finally, the researchers talk about the position of Shafi'ī School of Law on “Distant-Marriage” indicating that this marriage is not related to this School of Law. Therefore, the researchers state that “Distant-Marriage” violates the method of Islamic legal marriage, and that Muslims must avoid it. |
| format |
Article |
| author |
Mahmud Osman, Halimo Mat Jubri@Shamsuddin, Mustafa |
| author_facet |
Mahmud Osman, Halimo Mat Jubri@Shamsuddin, Mustafa |
| author_sort |
Mahmud Osman, Halimo |
| title |
عادة زواج المسافة: دراسة فقهية تحليلية = The custom of distant-marriage: a juristic analytical study |
| title_short |
عادة زواج المسافة: دراسة فقهية تحليلية = The custom of distant-marriage: a juristic analytical study |
| title_full |
عادة زواج المسافة: دراسة فقهية تحليلية = The custom of distant-marriage: a juristic analytical study |
| title_fullStr |
عادة زواج المسافة: دراسة فقهية تحليلية = The custom of distant-marriage: a juristic analytical study |
| title_full_unstemmed |
عادة زواج المسافة: دراسة فقهية تحليلية = The custom of distant-marriage: a juristic analytical study |
| title_sort |
عادة زواج المسافة: دراسة فقهية تحليلية = the custom of distant-marriage: a juristic analytical study |
| publisher |
IIUM Press, International Islamic University Malaysia |
| publishDate |
2018 |
| url |
http://irep.iium.edu.my/69436/ http://irep.iium.edu.my/69436/ http://irep.iium.edu.my/69436/1/69436_%D8%B9%D8%A7%D8%AF%D8%A9%20%D8%B2%D9%88%D8%A7%D8%AC%20%D8%A7%D9%84%D9%85%D8%B3%D8%A7%D9%81%D8%A9%20%D8%AF%D8%B1%D8%A7%D8%B3%D8%A9.pdf |
| first_indexed |
2023-09-18T21:38:33Z |
| last_indexed |
2023-09-18T21:38:33Z |
| _version_ |
1777412985008947200 |