An appraisal of the application of Fiqh al-Hanafi under Islamic Family Law (Federal Territories) Act 1984

Malaysia is a Muslim country consisting of thirteen States and Federal Territories (Kuala Lumpur, Labuan and Putrajaya). In principal, the official madhhab that is practised in Malaysia is Shafi’i Madhhab and this becomes common to all Malaysians even though it is not officially registered in th...

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Main Author: Mohd, Azizah
Format: Article
Language:English
English
Published: IIUM Press 2019
Subjects:
Online Access:http://irep.iium.edu.my/77872/
http://irep.iium.edu.my/77872/
http://irep.iium.edu.my/77872/
http://irep.iium.edu.my/77872/1/An%20Appraisalm%20of%20Application%20of%20Fiqh%20alHanafiIIUMLJ2019.pdf
http://irep.iium.edu.my/77872/7/77872_AN%20APPRAISAL%20OF%20THE%20APPLICATION_wos.pdf
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spelling iium-778722020-03-09T11:28:17Z http://irep.iium.edu.my/77872/ An appraisal of the application of Fiqh al-Hanafi under Islamic Family Law (Federal Territories) Act 1984 Mohd, Azizah KBP1 Islamic law.Shariah.Fiqh Malaysia is a Muslim country consisting of thirteen States and Federal Territories (Kuala Lumpur, Labuan and Putrajaya). In principal, the official madhhab that is practised in Malaysia is Shafi’i Madhhab and this becomes common to all Malaysians even though it is not officially registered in the identification card of a Malaysian. Accordingly, in many religious affairs and practices, the society is based upon the principles or fiqh al-Shafi’i. Nevertheless, views of other Sunni madhhab is freely practiced by all Malaysians. Furthermore, the codification on Islamic law in the State Enactments in all States in Malaysia is based upon four Sunni schools of law. It follows that the Islamic law in Malaysia is not purely based on the Shafi’i madhhab and in many occasions adopted the view of Hanafi school depending on the adaptability of the opinion to the society. This article deals with the application of fiqh al-Hanafi under the Islamic Family Law (Federal Territories) Act 1984. Analysis will extend to the practices in the Malaysian Syariah Court when dealing with cases involving Muslims and the most appropriate view of the madhhab that is to be adopted by the Syariah Court in order to solve a particular issue. The study employs the qualitative method of study where it only involves library research. It is believed that this research will be beneficial to all who seek knowledge and useful to all researchers, academicians, legal practitioners, students and scholars. IIUM Press 2019-12 Article PeerReviewed application/pdf en http://irep.iium.edu.my/77872/1/An%20Appraisalm%20of%20Application%20of%20Fiqh%20alHanafiIIUMLJ2019.pdf application/pdf en http://irep.iium.edu.my/77872/7/77872_AN%20APPRAISAL%20OF%20THE%20APPLICATION_wos.pdf Mohd, Azizah (2019) An appraisal of the application of Fiqh al-Hanafi under Islamic Family Law (Federal Territories) Act 1984. IIUM Law Journal, 27 (2). pp. 317-336. ISSN 0128-2530 E-ISSN 2289-7852 https://journals.iium.edu.my/iiumlj/index.php/iiumlj/article/view/459/262 10.31436/iiumlj.v27i2.459
repository_type Digital Repository
institution_category Local University
institution International Islamic University Malaysia
building IIUM Repository
collection Online Access
language English
English
topic KBP1 Islamic law.Shariah.Fiqh
spellingShingle KBP1 Islamic law.Shariah.Fiqh
Mohd, Azizah
An appraisal of the application of Fiqh al-Hanafi under Islamic Family Law (Federal Territories) Act 1984
description Malaysia is a Muslim country consisting of thirteen States and Federal Territories (Kuala Lumpur, Labuan and Putrajaya). In principal, the official madhhab that is practised in Malaysia is Shafi’i Madhhab and this becomes common to all Malaysians even though it is not officially registered in the identification card of a Malaysian. Accordingly, in many religious affairs and practices, the society is based upon the principles or fiqh al-Shafi’i. Nevertheless, views of other Sunni madhhab is freely practiced by all Malaysians. Furthermore, the codification on Islamic law in the State Enactments in all States in Malaysia is based upon four Sunni schools of law. It follows that the Islamic law in Malaysia is not purely based on the Shafi’i madhhab and in many occasions adopted the view of Hanafi school depending on the adaptability of the opinion to the society. This article deals with the application of fiqh al-Hanafi under the Islamic Family Law (Federal Territories) Act 1984. Analysis will extend to the practices in the Malaysian Syariah Court when dealing with cases involving Muslims and the most appropriate view of the madhhab that is to be adopted by the Syariah Court in order to solve a particular issue. The study employs the qualitative method of study where it only involves library research. It is believed that this research will be beneficial to all who seek knowledge and useful to all researchers, academicians, legal practitioners, students and scholars.
format Article
author Mohd, Azizah
author_facet Mohd, Azizah
author_sort Mohd, Azizah
title An appraisal of the application of Fiqh al-Hanafi under Islamic Family Law (Federal Territories) Act 1984
title_short An appraisal of the application of Fiqh al-Hanafi under Islamic Family Law (Federal Territories) Act 1984
title_full An appraisal of the application of Fiqh al-Hanafi under Islamic Family Law (Federal Territories) Act 1984
title_fullStr An appraisal of the application of Fiqh al-Hanafi under Islamic Family Law (Federal Territories) Act 1984
title_full_unstemmed An appraisal of the application of Fiqh al-Hanafi under Islamic Family Law (Federal Territories) Act 1984
title_sort appraisal of the application of fiqh al-hanafi under islamic family law (federal territories) act 1984
publisher IIUM Press
publishDate 2019
url http://irep.iium.edu.my/77872/
http://irep.iium.edu.my/77872/
http://irep.iium.edu.my/77872/
http://irep.iium.edu.my/77872/1/An%20Appraisalm%20of%20Application%20of%20Fiqh%20alHanafiIIUMLJ2019.pdf
http://irep.iium.edu.my/77872/7/77872_AN%20APPRAISAL%20OF%20THE%20APPLICATION_wos.pdf
first_indexed 2023-09-18T21:49:47Z
last_indexed 2023-09-18T21:49:47Z
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