This thesis appraises the overall procedural law in disposal of divorce cases on the grounds of ta'liq and fasakh in the Syariah Court in Malaysia. The study works on the premise that despite the presence of the provisions in current relevant Enactments, there are still loopholes and drawbacks in implementing the procedural law that cause delay in disposing divorce cases on the grounds of ta'liq and fasakh. In appraising the efficacy of the existing laws and implementation of it, an empirical research was conducted utilizing a qualitative method apart from conducting library research. The data obtained from several interviews with few personnel such as Chief Syarie Judge, Syarie Judge of the Lower Court, Syarie Lawyers and Assistant Registrar to identify the issues and problems in implementing procedural law in disposing divorce cases under the grounds of ta'liq and fasakh in the Syariah Court. The unreported files from five (5) Syariah Courts representing five (5) states were examined to identify the implementation of procedural law in disposing ta'liq and fasakh cases. To further support the data obtained from interviews and content analysis of the unreported files, the observation was also conducted to see the actual proceedings in court for ta'liq and fasakh. The comparative study is adopted namely Singapore and Morocco on the procedural law relating to the application of ta'liq and fasakh. The purpose is to see the contemporary practices and to observe best practices in disposing divorce cases under the grounds of ta'liq and fasakh. The study proves that Syariah Court procedures in disposal of divorce cases under the ground of ta'liq and fasakh are comprehensive as far as the substantive and procedural law is concerned. However, there are rooms for improvement in the context of implementation of certain provisions such as service of summons where there are inconsistencies in actual practice especially in the absence of standard operating procedure. These inconsistencies contribute to the delay in the proceeding for ta'liq and fasakh cases in the Syariah Court in Malaysia.
The study works on the premise that despite the presence of the provisions in current relevant Enactments, there are still loopholes and drawbacks in implementing the procedural law that cause delay in disposing divorce cases on the grounds ...
The public/private distinction is fundamental to modern theories of the family, religion and religious freedom, and state power, yet it has different salience, and is understood differently, from place to place and time to time. The volume examines the public/private distinction in the cultures and religions of the ancient Mediterranean, in the formative periods of Greece and Rome and the religions of Judaism, Christianity and Islam.
The volume examines the public/private distinction in the cultures and religions of the ancient Mediterranean, in the formative periods of Greece and Rome and the religions of Judaism, Christianity and Islam.
Passed into law over a decade before the Revolution, the Family Protection Law quickly drew the ire of the conservative clergy and the Ayatollah Khomeini in 1979. In fact, it was one of the first laws to be rescinded following the revolution. The law was hardly a surprising target, however, since women's status in Iran was then - and continues now to be - a central concern of Iranian political leaders, media commentators, and international observers alike. Taking up the issue of women's status in a modern context, Marianne Boe offers a nuanced view of how women's rights activists assert their rights within an Islamic context by weaving together religious and historical texts and narratives. Through Her substantial fieldwork and novel analysis, Boe undermines both the traditional view of 'Islamic Feminism' as monolithic and clears a path to a new understanding of the role of women's rights activists in shaping and synthesizing debates on the shari'a, women's rights and family law. As such, this book is essential for anyone studying family law and the role of women in contemporary Iran.
The sharia is a set of traditional laws that define a Muslim’s obligations to God and his fellow human beings. Westerners often misunderstand the nature of the sharia, born as it is of a complicated legal and academic tradition that may not always seem relevant to today’s world. Written for those unfamiliar with Islam, this volume provides an accurate and objective assessment of the sharia’s achievements, shortcomings and future prospects. It explores the fundamentals of Islam and traditional sharia laws. In addition, the sharia is discussed with respect to Ottoman law, puritanism and jihad. The sharia’s relevance to today’s world events is also explored. Among items provided in appendices are a commentary on a Western translation of the concept of jihad and an analysis of the sharia in 29 selected countries.
We noted at the beginning of this book that Islamic culture is a legal culture. This
fact brought great stability to Islamic life but it also became an enormous liability
when the rise and expansion of the West made legal reform imperative for the ...
This volume provides an overview of the nature and scope of the concept of Sunna both in pre-modern and modern Islamic discussions. The main focus is on shedding more light on the context in which the term Sunna in the major works of Islamic law and legal theory across all of the major madhahib was employed during the first six centuries Hijri.
Agar dapat diakses dengan mudah oleh para mukalidnya serta mengingat adanya karakteristik tersendiri jika fatwa-fatwa tersebut terhimpun dalam versi cetak, maka Penerbit Nur Al-Huda menerbitkan risalah amaliah beliau ini dengan tajuk Fikih Muamalah Kumpulan Fatwa Kontemporer. Dalam risalah ini, ada 328 soal yang diajukan. Sebagian soal substansinya mirip dengan soal-soal yang terhimpun dalam Fatwa-Fatwa 2 ini, sebagian lagi memang terhitung baru. Oleh karena itu, boleh dikata buku ini sebagai pelengkap (sementara, mengingat persoalan fikih terus berkembang) atas risalah-risalah fikih beliau yang sudah kami terbitkan sebelumnya (Fatwa-Fatwa 1 & 2, dan Daras Fikih Ibadah). Akhirulkalam, semoga buku ini dapat dimanfaatkan sebagaimana tujuan yang dimaksud.
Agar dapat diakses dengan mudah oleh para mukalidnya serta mengingat adanya karakteristik tersendiri jika fatwa-fatwa tersebut terhimpun dalam versi cetak, maka Penerbit Nur Al-Huda menerbitkan risalah amaliah beliau ini dengan tajuk Fikih ...
