The theory of compulsion (Ijbar) in marriage under Islamic law:iIncorporation of the Hanafis view on compulsory consent in marriage under the Islamic family law (Federal Territories) Act 1984

The theory of compulsion (Ijbar) in marriage under Islamic law:iIncorporation of the Hanafis view on compulsory consent in marriage under the Islamic family law (Federal Territories) Act 1984

Under Islamic law, a wali mujbir has an authority to contract the marriage of his virgin daughter even though she does not agree with the marriage. The authority is known as wilayat al-ijbar and quite often described as marriage by compulsion. This paper seeks to examine the theory and concept of co...

Full description

Bibliographic Details
Main Authors: Mohd, Azizah, A. Kadir, Nadhilah
Format: Conference or Workshop Item
Language:English
Published: 2019
Subjects:
KBP Islamic Law
KBP1 Islamic law.Shariah.Fiqh
Online Access:http://irep.iium.edu.my/77868/
http://irep.iium.edu.my/77868/
http://irep.iium.edu.my/77868/1/77868_The%20Theory%20of%20Compulsion%20%28Ijbar%29%20in%20Marriage%20under%20Islamic%20law_complete_latest.pdf
id iium-77868
recordtype eprints
spelling iium-778682020-02-19T06:19:49Z http://irep.iium.edu.my/77868/ The theory of compulsion (Ijbar) in marriage under Islamic law:iIncorporation of the Hanafis view on compulsory consent in marriage under the Islamic family law (Federal Territories) Act 1984 Mohd, Azizah A. Kadir, Nadhilah KBP Islamic Law KBP1 Islamic law.Shariah.Fiqh Under Islamic law, a wali mujbir has an authority to contract the marriage of his virgin daughter even though she does not agree with the marriage. The authority is known as wilayat al-ijbar and quite often described as marriage by compulsion. This paper seeks to examine the theory and concept of compulsion in marriage or ijbar under Islamic law. Discussion will include analysis on views of classical and contemporary Muslim scholars on the issue.. The paper will also investigate the practice and views of the Muslim communities in Malaysia nowadays as regards to marriage by compulsion based on the theory of ijbar. Examination will extend to the provisions of Islamic Family law (Federal Territories) Act 1984 on compulsory consent of a woman in her marriage that follows the view of the Hanafis. The research will adopt a qualitative research where most of the materials will be based in the library. Finally, the research will provide suggestion for improvement of the application of Islamic law in Malaysia especially on incorporation of the views of sunni school other than Shafi’is, where relevant and necessary. 2019-10 Conference or Workshop Item NonPeerReviewed application/pdf en http://irep.iium.edu.my/77868/1/77868_The%20Theory%20of%20Compulsion%20%28Ijbar%29%20in%20Marriage%20under%20Islamic%20law_complete_latest.pdf Mohd, Azizah and A. Kadir, Nadhilah (2019) The theory of compulsion (Ijbar) in marriage under Islamic law:iIncorporation of the Hanafis view on compulsory consent in marriage under the Islamic family law (Federal Territories) Act 1984. In: "International Conference on Law, Governance and Islamic Society", 21 - 22 October 2019, Banda Acheh, Indonesia. (Unpublished) https://hukum.unpas.ac.id/pengumuman/international-conference-on-law-governance-and-islamic-society-icolgis-2019/
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
KBP1 Islamic law.Shariah.Fiqh
spellingShingle KBP Islamic Law
KBP1 Islamic law.Shariah.Fiqh
Mohd, Azizah
A. Kadir, Nadhilah
The theory of compulsion (Ijbar) in marriage under Islamic law:iIncorporation of the Hanafis view on compulsory consent in marriage under the Islamic family law (Federal Territories) Act 1984
description Under Islamic law, a wali mujbir has an authority to contract the marriage of his virgin daughter even though she does not agree with the marriage. The authority is known as wilayat al-ijbar and quite often described as marriage by compulsion. This paper seeks to examine the theory and concept of compulsion in marriage or ijbar under Islamic law. Discussion will include analysis on views of classical and contemporary Muslim scholars on the issue.. The paper will also investigate the practice and views of the Muslim communities in Malaysia nowadays as regards to marriage by compulsion based on the theory of ijbar. Examination will extend to the provisions of Islamic Family law (Federal Territories) Act 1984 on compulsory consent of a woman in her marriage that follows the view of the Hanafis. The research will adopt a qualitative research where most of the materials will be based in the library. Finally, the research will provide suggestion for improvement of the application of Islamic law in Malaysia especially on incorporation of the views of sunni school other than Shafi’is, where relevant and necessary.
format Conference or Workshop Item
author Mohd, Azizah
A. Kadir, Nadhilah
author_facet Mohd, Azizah
A. Kadir, Nadhilah
author_sort Mohd, Azizah
title The theory of compulsion (Ijbar) in marriage under Islamic law:iIncorporation of the Hanafis view on compulsory consent in marriage under the Islamic family law (Federal Territories) Act 1984
title_short The theory of compulsion (Ijbar) in marriage under Islamic law:iIncorporation of the Hanafis view on compulsory consent in marriage under the Islamic family law (Federal Territories) Act 1984
title_full The theory of compulsion (Ijbar) in marriage under Islamic law:iIncorporation of the Hanafis view on compulsory consent in marriage under the Islamic family law (Federal Territories) Act 1984
title_fullStr The theory of compulsion (Ijbar) in marriage under Islamic law:iIncorporation of the Hanafis view on compulsory consent in marriage under the Islamic family law (Federal Territories) Act 1984
title_full_unstemmed The theory of compulsion (Ijbar) in marriage under Islamic law:iIncorporation of the Hanafis view on compulsory consent in marriage under the Islamic family law (Federal Territories) Act 1984
title_sort theory of compulsion (ijbar) in marriage under islamic law:iincorporation of the hanafis view on compulsory consent in marriage under the islamic family law (federal territories) act 1984
publishDate 2019
url http://irep.iium.edu.my/77868/
http://irep.iium.edu.my/77868/
http://irep.iium.edu.my/77868/1/77868_The%20Theory%20of%20Compulsion%20%28Ijbar%29%20in%20Marriage%20under%20Islamic%20law_complete_latest.pdf
first_indexed 2023-09-18T21:49:47Z
last_indexed 2023-09-18T21:49:47Z
_version_ 1777413692062695424

Similar Items