The application of maṣlaḥah in deciding faskh and ḥaḍānah cases in sharīᶜah court of federal territory of Kuala Lumpur

This research seeks to analyse the application of ma ṣ la ḥ ah in settling the cases of faskh and ḥ a ḍ ānah in the Sharī ᶜ ah Court of the Federal Territory of Kuala Lumpur. Another primary focus of this research is to address the importance of the applicability of maqāsid al-sharī ᶜ ah and ma ṣ la...

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Main Authors:	Naping, Herna, Mahmud, Mek Wok
Format:	Book
Language:	English
Published:	IIUM Press, International Islamic University Malaysia 2017
Subjects:	KBP1 Islamic law.Shariah.Fiqh
Online Access:	http://irep.iium.edu.my/74158/ http://irep.iium.edu.my/74158/1/74158_The%20application%20of%20ma%E1%B9%A3la%E1%B8%A5ah%20in%20deciding%20faskh%20and%20%E1%B8%A5a%E1%B8%8D%C4%81nah%20cases%20in%20shar%C4%AB%E1%B6%9Cah%20court%20of%20federal%20territory%20of%20Kuala%20Lumpur.pdf

id	iium-74158
recordtype	eprints
spelling	iium-741582019-10-17T04:11:23Z http://irep.iium.edu.my/74158/ The application of maṣlaḥah in deciding faskh and ḥaḍānah cases in sharīᶜah court of federal territory of Kuala Lumpur Naping, Herna Mahmud, Mek Wok KBP1 Islamic law.Shariah.Fiqh This research seeks to analyse the application of ma ṣ la ḥ ah in settling the cases of faskh and ḥ a ḍ ānah in the Sharī ᶜ ah Court of the Federal Territory of Kuala Lumpur. Another primary focus of this research is to address the importance of the applicability of maqāsid al-sharī ᶜ ah and ma ṣ la ḥ ah in family conflicts without rigidly applying a certain view of an Islamic school of thought. A total of 20 decided court cases were collected and analysed, ten faskh and another ten ḥ a ḍ ānah cases, which constitute as supporting data. Two methodological instruments were adopted to collect data; the first instrument was library research where various sources including books, documents, court cases and statutes were reviewed. The second instrument was analysis of court cases retrieved from the Sharī ᶜ ah Court of Federal Territory of Kuala Lumpur. The findings indicate that the Court acknowledges the various sources of law which were not mainly and solely articulated based on the view of the Shāfi ᶜ ī school of thought. The judge in some occasions had duly applied the concept of ma ṣ la ḥ ah in the sense that he was exercising his ijtihād if he found that there was a lacuna in the statutory law. He was capable of coming up with a departing reference from the provision in order to reach a just decision. These results demonstrate the success of the proposed examination in achieving the objectives of this study. IIUM Press, International Islamic University Malaysia 2017 Book PeerReviewed application/pdf en http://irep.iium.edu.my/74158/1/74158_The%20application%20of%20ma%E1%B9%A3la%E1%B8%A5ah%20in%20deciding%20faskh%20and%20%E1%B8%A5a%E1%B8%8D%C4%81nah%20cases%20in%20shar%C4%AB%E1%B6%9Cah%20court%20of%20federal%20territory%20of%20Kuala%20Lumpur.pdf Naping, Herna and Mahmud, Mek Wok (2017) The application of maṣlaḥah in deciding faskh and ḥaḍānah cases in sharīᶜah court of federal territory of Kuala Lumpur. IIUM Press, International Islamic University Malaysia, Kuala Lumpur, Malaysia. ISBN 978-967-418-569-5
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	KBP1 Islamic law.Shariah.Fiqh
spellingShingle	KBP1 Islamic law.Shariah.Fiqh Naping, Herna Mahmud, Mek Wok The application of maṣlaḥah in deciding faskh and ḥaḍānah cases in sharīᶜah court of federal territory of Kuala Lumpur
description	This research seeks to analyse the application of ma ṣ la ḥ ah in settling the cases of faskh and ḥ a ḍ ānah in the Sharī ᶜ ah Court of the Federal Territory of Kuala Lumpur. Another primary focus of this research is to address the importance of the applicability of maqāsid al-sharī ᶜ ah and ma ṣ la ḥ ah in family conflicts without rigidly applying a certain view of an Islamic school of thought. A total of 20 decided court cases were collected and analysed, ten faskh and another ten ḥ a ḍ ānah cases, which constitute as supporting data. Two methodological instruments were adopted to collect data; the first instrument was library research where various sources including books, documents, court cases and statutes were reviewed. The second instrument was analysis of court cases retrieved from the Sharī ᶜ ah Court of Federal Territory of Kuala Lumpur. The findings indicate that the Court acknowledges the various sources of law which were not mainly and solely articulated based on the view of the Shāfi ᶜ ī school of thought. The judge in some occasions had duly applied the concept of ma ṣ la ḥ ah in the sense that he was exercising his ijtihād if he found that there was a lacuna in the statutory law. He was capable of coming up with a departing reference from the provision in order to reach a just decision. These results demonstrate the success of the proposed examination in achieving the objectives of this study.
format	Book
author	Naping, Herna Mahmud, Mek Wok
author_facet	Naping, Herna Mahmud, Mek Wok
author_sort	Naping, Herna
title	The application of maṣlaḥah in deciding faskh and ḥaḍānah cases in sharīᶜah court of federal territory of Kuala Lumpur
title_short	The application of maṣlaḥah in deciding faskh and ḥaḍānah cases in sharīᶜah court of federal territory of Kuala Lumpur
title_full	The application of maṣlaḥah in deciding faskh and ḥaḍānah cases in sharīᶜah court of federal territory of Kuala Lumpur
title_fullStr	The application of maṣlaḥah in deciding faskh and ḥaḍānah cases in sharīᶜah court of federal territory of Kuala Lumpur
title_full_unstemmed	The application of maṣlaḥah in deciding faskh and ḥaḍānah cases in sharīᶜah court of federal territory of Kuala Lumpur
title_sort	application of maṣlaḥah in deciding faskh and ḥaḍānah cases in sharīᶜah court of federal territory of kuala lumpur
publisher	IIUM Press, International Islamic University Malaysia
publishDate	2017
url	http://irep.iium.edu.my/74158/ http://irep.iium.edu.my/74158/1/74158_The%20application%20of%20ma%E1%B9%A3la%E1%B8%A5ah%20in%20deciding%20faskh%20and%20%E1%B8%A5a%E1%B8%8D%C4%81nah%20cases%20in%20shar%C4%AB%E1%B6%9Cah%20court%20of%20federal%20territory%20of%20Kuala%20Lumpur.pdf
first_indexed	2023-09-18T21:45:04Z
last_indexed	2023-09-18T21:45:04Z
_version_	1777413394552324096

The application of maṣlaḥah in deciding faskh and ḥaḍānah cases in sharīᶜah court of federal territory of Kuala Lumpur

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