Local family fiqh in Malaysia: an analysis of `urfi methodological framework
The ongoing advocacy for developing local fiqh, among others, emphasizes an indigenous approach to evolving fiqh by highlighting the flaws in the dominant approach to family law reform and renewal. One of their methodological tools is to examine the existing family fiqh from its `urfi based content...
| Main Authors: | , , |
|---|---|
| Format: | Article |
| Language: | English English |
| Published: |
IIUM Press, International Islamic University Malaysia
2020
|
| Subjects: | |
| Online Access: | http://irep.iium.edu.my/81078/ http://irep.iium.edu.my/81078/2/Acceptance%20letter%20JIA%20June%20Issue%20Prof.%20sayedsikandr%202020.pdf http://irep.iium.edu.my/81078/9/81078_Local%20family%20fiqh%20in%20Malaysia_fulltexy.pdf |
| _version_ | 1848789074434850816 |
|---|---|
| author | Haneef, Sayed Sikandar Shah Sitiris, Miszairi Mohd Yunus, Saidatolakma |
| author_facet | Haneef, Sayed Sikandar Shah Sitiris, Miszairi Mohd Yunus, Saidatolakma |
| author_sort | Haneef, Sayed Sikandar Shah |
| building | IIUM Repository |
| collection | Online Access |
| description | The ongoing advocacy for developing local fiqh, among others, emphasizes an indigenous approach to evolving fiqh by highlighting the flaws in the dominant approach to family law reform and renewal. One of their methodological tools is to examine the existing family fiqh from its `urfi based content as well to explore ways of resolving new emerging usages and customs, which differ from customs of people in other communities in the Muslim world. Critics, however, have some misgivings about this approach and see it as a kind of post-modernist thinking, the thrust of which is to raise skepticism about religious content of any intellectual argument or advocacy. To rebut such an argument, following content analysis method, this paper argues by concluding that an Islamic juridical approach to insist on legislative significance of local custom in evolving a local family fiqh is governed by a set of methodological frameworks and parameters which can safeguard it against any suspicion for secularization. |
| first_indexed | 2025-11-14T17:50:56Z |
| format | Article |
| id | iium-81078 |
| institution | International Islamic University Malaysia |
| institution_category | Local University |
| language | English English |
| last_indexed | 2025-11-14T17:50:56Z |
| publishDate | 2020 |
| publisher | IIUM Press, International Islamic University Malaysia |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | iium-810782020-12-02T08:49:22Z http://irep.iium.edu.my/81078/ Local family fiqh in Malaysia: an analysis of `urfi methodological framework Haneef, Sayed Sikandar Shah Sitiris, Miszairi Mohd Yunus, Saidatolakma KBP425 Uṣūl al-fiqh. Jurisprudence and theory of law. Science of legal reasoning. KBP470 Law reform. Criticism. Tanzim The ongoing advocacy for developing local fiqh, among others, emphasizes an indigenous approach to evolving fiqh by highlighting the flaws in the dominant approach to family law reform and renewal. One of their methodological tools is to examine the existing family fiqh from its `urfi based content as well to explore ways of resolving new emerging usages and customs, which differ from customs of people in other communities in the Muslim world. Critics, however, have some misgivings about this approach and see it as a kind of post-modernist thinking, the thrust of which is to raise skepticism about religious content of any intellectual argument or advocacy. To rebut such an argument, following content analysis method, this paper argues by concluding that an Islamic juridical approach to insist on legislative significance of local custom in evolving a local family fiqh is governed by a set of methodological frameworks and parameters which can safeguard it against any suspicion for secularization. IIUM Press, International Islamic University Malaysia 2020-11-04 Article PeerReviewed application/pdf en http://irep.iium.edu.my/81078/2/Acceptance%20letter%20JIA%20June%20Issue%20Prof.%20sayedsikandr%202020.pdf application/pdf en http://irep.iium.edu.my/81078/9/81078_Local%20family%20fiqh%20in%20Malaysia_fulltexy.pdf Haneef, Sayed Sikandar Shah and Sitiris, Miszairi and Mohd Yunus, Saidatolakma (2020) Local family fiqh in Malaysia: an analysis of `urfi methodological framework. Journal of Islam in Asia, 17 (3). pp. 118-133. ISSN 2019-12-30 https://journals.iium.edu.my/jiasia/index.php/jia/issue/view/67 |
| spellingShingle | KBP425 Uṣūl al-fiqh. Jurisprudence and theory of law. Science of legal reasoning. KBP470 Law reform. Criticism. Tanzim Haneef, Sayed Sikandar Shah Sitiris, Miszairi Mohd Yunus, Saidatolakma Local family fiqh in Malaysia: an analysis of `urfi methodological framework |
| title | Local family fiqh in Malaysia: an analysis of `urfi methodological framework |
| title_full | Local family fiqh in Malaysia: an analysis of `urfi methodological framework |
| title_fullStr | Local family fiqh in Malaysia: an analysis of `urfi methodological framework |
| title_full_unstemmed | Local family fiqh in Malaysia: an analysis of `urfi methodological framework |
| title_short | Local family fiqh in Malaysia: an analysis of `urfi methodological framework |
| title_sort | local family fiqh in malaysia: an analysis of `urfi methodological framework |
| topic | KBP425 Uṣūl al-fiqh. Jurisprudence and theory of law. Science of legal reasoning. KBP470 Law reform. Criticism. Tanzim |
| url | http://irep.iium.edu.my/81078/ http://irep.iium.edu.my/81078/ http://irep.iium.edu.my/81078/2/Acceptance%20letter%20JIA%20June%20Issue%20Prof.%20sayedsikandr%202020.pdf http://irep.iium.edu.my/81078/9/81078_Local%20family%20fiqh%20in%20Malaysia_fulltexy.pdf |