Women's right to marry under fiqh al-hanafi cases study on the impact of Hanafis' view on secret marriage nad children's lineage in Malaysia

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 i...

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Main Authors: Mohd, Azizah, Hj Ibrahim, Badruddin, Abd. Razak, Shafiqah
Format: Proceeding Paper
Language:English
English
English
Published: 2017
Subjects:
Online Access:http://irep.iium.edu.my/77867/
http://irep.iium.edu.my/77867/1/Women%27s%20Right%20to%20Marry.ppt
http://irep.iium.edu.my/77867/2/Certificate%20Muktamar%20Azizah.pdf
http://irep.iium.edu.my/77867/3/Certificate%20Azizah%202.pdf
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author Mohd, Azizah
Hj Ibrahim, Badruddin
Abd. Razak, Shafiqah
author_facet Mohd, Azizah
Hj Ibrahim, Badruddin
Abd. Razak, Shafiqah
author_sort Mohd, Azizah
building IIUM Repository
collection Online Access
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.
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institution International Islamic University Malaysia
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language English
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publishDate 2017
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spelling iium-778672024-12-23T09:05:09Z http://irep.iium.edu.my/77867/ Women's right to marry under fiqh al-hanafi cases study on the impact of Hanafis' view on secret marriage nad children's lineage in Malaysia Mohd, Azizah Hj Ibrahim, Badruddin Abd. Razak, Shafiqah KBP Islamic Law 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. 2017-05-05 Proceeding Paper NonPeerReviewed application/pdf en http://irep.iium.edu.my/77867/1/Women%27s%20Right%20to%20Marry.ppt application/pdf en http://irep.iium.edu.my/77867/2/Certificate%20Muktamar%20Azizah.pdf application/pdf en http://irep.iium.edu.my/77867/3/Certificate%20Azizah%202.pdf Mohd, Azizah and Hj Ibrahim, Badruddin and Abd. Razak, Shafiqah (2017) Women's right to marry under fiqh al-hanafi cases study on the impact of Hanafis' view on secret marriage nad children's lineage in Malaysia. In: Al-Muktamar al-Duwali (al-Hanafiyyah wa al-Matraediyyah) (International Conference on the Hanafites and the Matraedites, 5th-7th May 2017, Kastamonu, Turkey.
spellingShingle KBP Islamic Law
Mohd, Azizah
Hj Ibrahim, Badruddin
Abd. Razak, Shafiqah
Women's right to marry under fiqh al-hanafi cases study on the impact of Hanafis' view on secret marriage nad children's lineage in Malaysia
title Women's right to marry under fiqh al-hanafi cases study on the impact of Hanafis' view on secret marriage nad children's lineage in Malaysia
title_full Women's right to marry under fiqh al-hanafi cases study on the impact of Hanafis' view on secret marriage nad children's lineage in Malaysia
title_fullStr Women's right to marry under fiqh al-hanafi cases study on the impact of Hanafis' view on secret marriage nad children's lineage in Malaysia
title_full_unstemmed Women's right to marry under fiqh al-hanafi cases study on the impact of Hanafis' view on secret marriage nad children's lineage in Malaysia
title_short Women's right to marry under fiqh al-hanafi cases study on the impact of Hanafis' view on secret marriage nad children's lineage in Malaysia
title_sort women's right to marry under fiqh al-hanafi cases study on the impact of hanafis' view on secret marriage nad children's lineage in malaysia
topic KBP Islamic Law
url http://irep.iium.edu.my/77867/
http://irep.iium.edu.my/77867/1/Women%27s%20Right%20to%20Marry.ppt
http://irep.iium.edu.my/77867/2/Certificate%20Muktamar%20Azizah.pdf
http://irep.iium.edu.my/77867/3/Certificate%20Azizah%202.pdf