This study examines the legal impediments to the application of Islamic Family Law in the Philippines. It is carried out by critically analyzing the legal effects of the secular principles, the Constitution and other laws of the state towards the enforcement of Islamic family law in the Philippines. This research establishes that the Islamic family law in the Philippines is part and parcel …
The relationship between parents and children is a strong, ineluctable one. It has a profound, emotional effect on both, as it is based on blood and lineage. The child-parent relationship gives rise to mutual rights and duties. These rights relate to the person of the child: for protection, care and maintenance. This article will examine the rights of children to maintenance. It will exa…
This article addresses the differences between jurists of the three Shīʿī sects – Zaydīs, Ismāʿīlīs, and Twelver Shīʿīs – concerning the marriage contract. In general, Zaydī, Ismāʿīlī, and Twelver jurists agree on three elements of the marriage contract of a woman who is an adult, single, and a virgin (bikr). However, they disagree over certain elements of the contra…
Pemerintahan Thailand telah melalui empat zaman, iaitu bermula dengan zaman Sukhothai, Ayuthaya, Kerung Thon Burhi dan Krung Ratana Kosin. Undang-undang keluarga Islam dilaksanakan bermula sejak zaman Sukhothai dengan cara tidak rasmi sehingga pada zaman Krung Ratana Kosin. Kerajaan zaman Pra Chullachom Kelau Chau Yuhua telah menggubal sebuah undang-undang keluarga Islam dan dapat dilaksa…
Islamic values are the performance and implemention of every command of Allah SWT, which covers all aspects of living and should be based on knowledge, comprehension, and practice. Islamic values are also an effort to improve the relationship between human beings and Allah SWT to gain happiness in here and hereafter. This study analyses and discusses the levelof implementation of Isla…
Objectives: The prime purpose of the present study is to critically address how the two Sharia arbitrators determine the percentage of marital abuse with a focus on its legal impacts on wife’s right to her dowry. Methods: Qualitative and quantitative research methods were applied in order to support and strengthen the arguments of the present study. It is highly important to jurisprud…
This article critically examines instances of judicial activism in the field of Islamic family law in Bangladesh in an attempt to assess this judicial trend. Seeing ‘judicial activism’ mainly as an enlightened application of ijtih§d and also as society-specific application of statutes based on, or related to sharÊ#ah, we highlight the justice-ameliorative role of this concept. The…