Protecting the spouses’ interest (maslahah) in cases of defects through the application of the Islamic principle of Harm
Two crucial elements serve as the objective of Islamic legal rulings are the achievement of interest (maslahah) and the repulsion of harm (mafsadah). This paper seeks to examine the juristic views of different schools of laws in Islam on the application of the Islamic principle of harm in protecting...
| Main Authors: | , , |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
HRMARS
2017
|
| Subjects: | |
| Online Access: | http://irep.iium.edu.my/59744/ http://irep.iium.edu.my/59744/1/IJARBSS_vol.7.no.4.2017%20Protecting%20Spouse%20Interest.pdf |
| _version_ | 1848785364784775168 |
|---|---|
| author | Tengku Muda, Tengku Fatimah Muliana Mohd, Azizah Md Hashim, Noraini |
| author_facet | Tengku Muda, Tengku Fatimah Muliana Mohd, Azizah Md Hashim, Noraini |
| author_sort | Tengku Muda, Tengku Fatimah Muliana |
| building | IIUM Repository |
| collection | Online Access |
| description | Two crucial elements serve as the objective of Islamic legal rulings are the achievement of interest (maslahah) and the repulsion of harm (mafsadah). This paper seeks to examine the juristic views of different schools of laws in Islam on the application of the Islamic principle of harm in protecting the interest of spouses in cases of defects. For comparative purpose, the paper has also discussed the provisions of law related to defects as applied in Jordan, Egypt and Morocco. Using content analysis method, the findings indicate that where either spouses is inflicted with certain types of defects, dissolution of marriage is allowed based on the ground of protecting the interest of the spouses as well as an appraisal to the Islamic principle of repulsion of harm. Keywords: Harm, Defect, Marital Life, Islamic Law, Maslahah |
| first_indexed | 2025-11-14T16:51:58Z |
| format | Article |
| id | iium-59744 |
| institution | International Islamic University Malaysia |
| institution_category | Local University |
| language | English |
| last_indexed | 2025-11-14T16:51:58Z |
| publishDate | 2017 |
| publisher | HRMARS |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | iium-597442024-12-17T02:38:19Z http://irep.iium.edu.my/59744/ Protecting the spouses’ interest (maslahah) in cases of defects through the application of the Islamic principle of Harm Tengku Muda, Tengku Fatimah Muliana Mohd, Azizah Md Hashim, Noraini KBP Islamic Law Two crucial elements serve as the objective of Islamic legal rulings are the achievement of interest (maslahah) and the repulsion of harm (mafsadah). This paper seeks to examine the juristic views of different schools of laws in Islam on the application of the Islamic principle of harm in protecting the interest of spouses in cases of defects. For comparative purpose, the paper has also discussed the provisions of law related to defects as applied in Jordan, Egypt and Morocco. Using content analysis method, the findings indicate that where either spouses is inflicted with certain types of defects, dissolution of marriage is allowed based on the ground of protecting the interest of the spouses as well as an appraisal to the Islamic principle of repulsion of harm. Keywords: Harm, Defect, Marital Life, Islamic Law, Maslahah HRMARS 2017-08 Article PeerReviewed application/pdf en http://irep.iium.edu.my/59744/1/IJARBSS_vol.7.no.4.2017%20Protecting%20Spouse%20Interest.pdf Tengku Muda, Tengku Fatimah Muliana and Mohd, Azizah and Md Hashim, Noraini (2017) Protecting the spouses’ interest (maslahah) in cases of defects through the application of the Islamic principle of Harm. International Journal of Academic Research in Business and Social Sciences, 7 (4). pp. 345-358. ISSN 2222-6990 http://www.hrmars.com/journal |
| spellingShingle | KBP Islamic Law Tengku Muda, Tengku Fatimah Muliana Mohd, Azizah Md Hashim, Noraini Protecting the spouses’ interest (maslahah) in cases of defects through the application of the Islamic principle of Harm |
| title | Protecting the spouses’ interest (maslahah) in cases of defects through the application of the Islamic principle of Harm |
| title_full | Protecting the spouses’ interest (maslahah) in cases of defects through the application of the Islamic principle of Harm |
| title_fullStr | Protecting the spouses’ interest (maslahah) in cases of defects through the application of the Islamic principle of Harm |
| title_full_unstemmed | Protecting the spouses’ interest (maslahah) in cases of defects through the application of the Islamic principle of Harm |
| title_short | Protecting the spouses’ interest (maslahah) in cases of defects through the application of the Islamic principle of Harm |
| title_sort | protecting the spouses’ interest (maslahah) in cases of defects through the application of the islamic principle of harm |
| topic | KBP Islamic Law |
| url | http://irep.iium.edu.my/59744/ http://irep.iium.edu.my/59744/ http://irep.iium.edu.my/59744/1/IJARBSS_vol.7.no.4.2017%20Protecting%20Spouse%20Interest.pdf |