Division of matrimonial assets is often associated with unfairness to the parties due to the failure of the existing provision to provide appropriate and fair methods to be used in the division. The current provision does not appear practical as it causes the court to adopt different interpretations in ascertaining allocated shares to the parties involved. The Malaysian family law for Muslim regulates, among others, the right for the husband and wife to apply for division of matrimonial assets which is normally claimable after the divorce or death of a spouse including during polygamous marriage. This provision aims to protect the interest of the wife and children. Thus, this study is undertaken to examine the effectiveness of the law in dividing assets through court practices. For that purpose, the study adopts a qualitative method by using both library research and field work to collect data. The analysis was conducted on a carefully selected sample of 215 decided cases within the period of 2000-2012. Data were collected from six zones representing Syariah Courts in Malaysia. Data were analysed based on several variables such as types of matrimonial property, factors for consideration and proportion of distribution of assets. The sampling shows that the direction of provision emphasises the contribution of a spouse as the sole determinator when dividing the assets thus, causing uncertainty and encouraging litigation. The study discloses that a loose draft of the provisions has caused various discrepancies in applying the law into practice. Other problems include the ambiguity in defining the scope of matrimonial assets and the role of the homemaker which has also not been properly addressed. Thus, this study suggests that the courts adopt more discretion when dealing with a division and take into account general considerations and factors including length of marriage, welfare of parties and other forms of contributions other than that of financial aspects. The use of sulh as a mode of dividing matrimonial asset is suggested to be widely practised when dealing with the division of matrimonial assets to prevent a costly and lengthy litigation process. Serious attention should, therefore, be given to reform the existing provision in order to make possible a just and equitable division of matrimonial assets.
Division of matrimonial assets is often associated with unfairness to the parties due to the failure of the existing provision to provide appropriate and fair methods to be used in the division.
The current Syrian crisis has its roots in the sectarian nature of the country's multi-religious society. Since Ottoman times, the different religious communities have enjoyed the right to regulate and administer their own family relations. Matters of personal status including marriage, divorce, child custody and inheritance continue to be managed by a variety of religious laws and courts operating simultaneously within the legal system of the state. However, this complex system of competing jurisdictions has also affected inter-communal relations and has been used to deepen communal divides. Esther van Eijk discusses socio-legal practices in Syria by focusing on three courts: a shar?iyya, a Catholic court and a Greek-Orthodox court
Esther van Eijk discusses socio-legal practices in Syria by focusing on three courts: a shar?iyya, a Catholic court and a Greek-Orthodox court
This collection discusses how official legal systems do and should respond to the reality of a plurality of family types and origins within their jurisdictions. It further examines the challenges that arise for practitioners, including lawyers and judges, when faced with such plurality. Focussing on empirical research, the volume presents legal and sociological data of unprecedented comparative depth. It also includes a discussion of how members of minority families respond to the need to organise their legal relationships, and to resolve their disputes in the shadow of official legal systems which differ from those of their familial and communal traditions. The work invites reflection, and demonstrates the urgency and complexity of the questions regarding the search for justice in the field of family life in Europe today.
This collection discusses how official legal systems do and should respond to the reality of a plurality of family types and origins within their jurisdictions.
Bachelor Thesis from the year 2016 in the subject Economics - History, grade: 1,3, University of Mannheim (Fakultät der Rechtswissenschaften und VWL), language: English, abstract: Since the mid-1970s, an industry growing at considerable pace in the Islamic world is gaining market shares all over the world in countries with sufficient Muslim populations. This “Islamic Finance” industry claims to act in line with the ethical and practical principles set forth in the Qu'ran and the Shari'ah, thus appealing to Muslim and non-Muslim clients alike who search for viable alternatives to conventional financial products. As explained, the first beginnings of this phenomenon can be traced well back into the 1970s when the first “Islamic Banks” started operating in Egypt and Jordan. In the past decades, a vast amount of research has been published – empirical and theoretical – to review the impacts of Islamic Finance on the financial markets of the Islamic world. These works, to a great deal inspired by the enormous need of the industry for quantitative and qualitative research, all dealt with questions of comparative efficiency of conventional and Islamic Finance, the demand for Shari'ah-compliant financial products, the actual genuineness, or authenticity, of the industry, etc. However, only a very small portion of these research works dealt with the question whether or not the Islamic world actually needs Islamic Finance. At first, this might seem as a trivial question (if there was no need for Islamic Finance, there would not have been this substantial growth). But at second thought, one realizes the associations that come which come with the question of raison d'être: Why did Islamic Finance emerge? Does it add an economic value to its markets? And most importantly, is it – so far – successfully reaching its goals? To my understanding, the works that deal with this big-picture analysis, are thin on the ground. Therefore, this work shall take a first step at putting Islamic Finance into the historical context it needs to be seen in, by compiling the manifold works into a cross-sectional approach to characterize the industry. The most salient aspects of the analysis here will be legal, historical, and economic ones, in order to grasp the 'big picture' of Islamic Finance.
Since the mid-1970s, an industry growing at considerable pace in the Islamic
world is gaining market shares all over the world in countries with sufficient
Muslim populations. This “Islamic Finance” industry claims to act in line with the
ethical ...
The fourteen studies included in this volume have been chosen to serve several purposes simultaneously. At a basic level, they aim to provide a general - if not wholly systematic - coverage of the emergence and evolution of law during the first three and a half centuries of Islam. On another level, they reflect the different and, at times, widely divergent scholarly approaches to this subject matter. These two levels combined will offer a useful account of the rise of Islamic law not only for students in this field but also for Islamicists who are not specialists in matters of law, comparative legal historians, and others. At the same time, however, and as the Introduction to the work argues, this collection of distinguished contributions illustrates both the achievements and the shortcomings of paradigmatic scholarship on the formative period of Islamic law.
The fourteen studies included in this volume have been chosen to serve several purposes simultaneously.
This unparalleled Companion provides a comprehensive and authoritative guide to Islamic law to all with an interest in this increasingly relevant and developing field. The volume presents classical Islamic law through a historiographical introduction to and analysis of Western scholarship, while key debates about hot-button issues in modern-day circumstances are also addressed. In twenty-one chapters, distinguished authors offer an overview of their particular specialty, reflect on past and current thinking, and point to directions for future research. The Companion is divided into four parts. The first offers an introduction to the history of Islamic law as well as a discussion of how Western scholarship and historiography have evolved over time. The second part delves into the substance of Islamic law. Legal rules for the areas of legal status, family law, socio-economic justice, penal law, constitutional authority, and the law of war are all discussed in this section. Part three examines the adaptation of Islamic law in light of colonialism and the modern nation state as well as the subsequent re-Islamization of national legal systems. The final section presents contemporary debates on the role of Islamic law in areas such as finance, the diaspora, modern governance, and medical ethics, and the volume concludes by questioning the role of Sharia law as a legal authority in the modern context. By outlining the history of Islamic law through a linear study of research, this collection is unique in its examination of past and present scholarship and the lessons we can draw from this for the future. It introduces scholars and students to the challenges posed in the past, to the magnitude of milestones that were achieved in the reinterpretation and revision of established ideas, and ultimately to a thorough conceptual understanding of Islamic law.
By outlining the history of Islamic law through a linear study of research, this collection is unique in its examination of past and present scholarship and the lessons we can draw from this for the future.
Fikih Wanita Hamil Yahya Abdurrahman al-Khatib Penting dan perlu! Itulah salah satu alasan penulis bersikeras menyelesaikan buku ini. Pasalnya, temuan-temuan terkini dunia medis, menurut penulis, telah membuatnya terusik untuk menelaah ulang hasil-hasil ijtihad para ulama fikih klasik tentang hukum-hukum fikih yang berlaku untuk dan bagi para wanita hamil. Yang demikian itu, karena pada prinsipnya Islam sangat memperhatikan posisi dan kedudukan wanita hamil sebagai bahan pertimbangan untuk memberikan keistimewaan-keistimewaan tertentu bagi mereka. Buku ini merupakan buku fikih yang sangat spesifik. Pembahasannya tentang berbagai macam hukum fikih wanita hamil dan problematikanya pun sangat komprehensif dan jelas. Karena itu buku ini tidak hanya penting bagi kaum Muslimah, tetapi juga sangat diperlukan bagi para suami yang menghendaki istri yang salehah -Qisthi Press-
Fikih Wanita Hamil Yahya Abdurrahman al-Khatib Penting dan perlu!
Sangat lengkap dan detail. Itulah nilai lebih dari buku ini. Penulis pun tak hanya menyuguhkan persoalan-persoalan, tetapi juga mengupasnya secara cerdas, argumentatif, dan menyebut banyak hal baru yang selama ini tak terlintas dalam benak dan pikiran kita ketika menjalankan kewajiban kita sebagai orangtua dalam mendidik anak. "Yang memberi petunjuk hanyalah Allah!" tegas penulis. Karena itu, menurutnya, tugas orangtua dalam mendidik anak adalah mengantarkan mereka untuk mendapatkan petunjuk tersebut. Dan tentu saja, upaya untuk itu membutuhkan perhatian, kesungguhan tekad, dan pengetahuan khusus tentang bagaimana seharusnya orangtua mendidik anak sebagaimana yang telah dicontohkan dalam al-Qur`an, sunah Rasulullah s.a.w., dan pengalaman para sahabat Nabi terkemuka. Di Saudi Arabia, Musthafa al-Adawy, penulis buku ini, termasuk ulama yang cukup disegani. Ia tak hanya berfatwa, tetapi juga telah menulis banyak buku yang cukup inspiratif dan penting bagi kemajuan umat ini. -QisthiPress-
Dan tentu saja, upaya untuk itu membutuhkan perhatian, kesungguhan tekad, dan pengetahuan khusus tentang bagaimana seharusnya orangtua mendidik anak sebagaimana yang telah dicontohkan dalam al-Qur`an, sunah Rasulullah s.a.w., dan pengalaman ...
