Academic literature on the topic 'Islamic family law'

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Journal articles on the topic "Islamic family law"

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Kusmardani, Alex, Ahmad Fathonih, Usep Saepullah, and Nurrohman. "NUSHŪZ IN ISLAMIC FAMILY LAW." Mawaddah: Jurnal Hukum Keluarga Islam 2, no. 1 (2024): 1–31. http://dx.doi.org/10.52496/mjhki.v1i2.6.

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The ongoing family conflicts cannot be separated from the neglect of the position of the husband and wife in Islamic family law, known as nusūz. The purpose of this study is to understand Mufassireen's interpretation of nusyūz. This study is a qualitative research, a literature survey with an interdisciplinary approach - philosophical, Historical, psychological, sociological, and Islamic law approach - and a descriptive analysis from various sources such as tafsir, hadith, Islamic Yurisprudance, legal maxim and legislation. The meaning of nusyūz in al-Nisa 4:34 according to Mufassireen is simi
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Husna Srifyan, Jihan, Anzar Aquil, Muntaha Artalim Zaim, and Abdualhmeed Alqahoom. "Women's Career Islamic Family Law Perspectives." Demak Universal Journal of Islam and Sharia 1, no. 02 (2023): 154–65. https://doi.org/10.61455/deujis.v1i02.59.

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The purpose of the study is to analyze the review of Islamic law on the profession and the administration of the wife's salary in Kalipucang Kulon Village, Welahan District, Jepara Regency in supporting family income as a factory worker. This research is a type of field research with a qualitative approach, namely research that has the characteristics that the data is expressed in a natural state or as it is (natural setting), by not changing the shape of symbols or numbers and is descriptive based on the question of how. And the data processing technique is to use qualitative descriptive tech
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Al-Sharmani, Mulki, and Sanna Mustasaari. "Islamic Family Law(s) in Finland." Temenos - Nordic Journal of Comparative Religion 58, no. 2 (2022): 217–38. http://dx.doi.org/10.33356/temenos.113886.

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A central premise of the concept of freedom of religion is that the state has the obligation and authority to regulate and protect the religious rights of individuals and religious communities. However, this entails the state’s navigation of the rights of citizens vis-à-vis the norms of their religious communities, which in some cases may be in tension. The state must also maintain the country’s central legal principles. These premises are interconnected in vexing ways. This article studies how the concept of freedom of religion, with these underlying premises, applies to the practice of Islam
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Umami, Khairul, and Mega Puspita. "Gender Approach in Islamic Family Law." An-Nisa Jurnal Kajian Perempuan dan Keislaman 16, no. 1 (2023): 109–24. http://dx.doi.org/10.35719/annisa.v16i1.169.

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This article deals with gender perspectives in Islamic family law. Nowadays related to gender talk is familiar to hear, even gender inequality has occurred a lot. People assume that gender dimilarity can cause various forms of inequality, such as the unimportance of roles related to political policies, women are only in the three R's, namely kitchen, well, mattress. This paper seeks to discuss the gender approach in Islamic family law from the aspects of reproduction, inheritance and iddah/ihdad. The author concludes that socio-historically the Qur'an was revealed in a culture that was very di
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Sportel, Iris. "Who’s Afraid of Islamic Family Law? Dealing with Shari‘a-based Family Law Systems in the Netherlands." Religion and Gender 7, no. 1 (2017): 53–69. http://dx.doi.org/10.18352/rg.10211.

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In the Netherlands, where views of Muslims and Islamic family law are highly politicised, the application of Islamic family laws by Dutch courts is a topic of heated political debate. Especially polygamy and unilateral divorce by men (talaq) are thought to have a strongly negative impact on the position of Muslim women in the family. In order to assess the gendered impact of Islamic family laws in a European context, this article takes a closer look at Dutch state courts’ decisions. It asks how the application of Islamic family laws can be understood against the background of Dutch political d
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Calvin, Muhammad, and Rasina Padeni Nasution. "FAMILY THEFT PERSPECTIVE POSITIVE LAW AND ISLAMIC PENAL LAW." Lex Lectio Law Journal 2, no. 2 (2023): 86–102. http://dx.doi.org/10.61715/jlexlectio.v2i2.41.

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AbstractTheft is an immoral act and against the law in every country, including Indonesia. The crime of theft is an act that takes someone's goods against the law, the same thing is also stated in Article 362 of the Criminal Code which is hereinafter referred to as a criminal offense. The perpetrators of criminal acts of theft are sometimes inseparable from the closest people such as playmates, coworkers and even worse are committed by family. Article 367 of the Criminal Code states that if the crime of theft committed by the family such as a wife or husband, then the perpetrator can be sancti
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Sunarto and Winda Sari. "Perkembangan Hukum Keluarga Islam di Indonesia: Dari Masa Kolonialisme hingga saat ini." Qonuni: Jurnal Hukum dan Pengkajian Islam 4, no. 01 (2025): 1–16. https://doi.org/10.59833/0136py75.

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The development of Islamic family law in Indonesia has undergone significant transformations since the colonial era to the modern imperialist era. During the Dutch colonial period, Islamic family law was governed in a limited manner, aligned with the colonial government's policies that prioritized customary law. However, with the emergence of religious courts, Islamic law gradually gained recognition within the framework of family law. Following independence, the codification of Islamic family law continued to evolve, marked by the enactment of the Marriage Law No. 1 of 1974 and the Compilatio
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Aminah, Siti, and Arif Sugitanata. "Genealogy and Reform of Islamic Family Law: Study of Islamic Marriage Law Products in Malaysia." JIL: Journal of Islamic Law 3, no. 1 (2022): 94–110. http://dx.doi.org/10.24260/jil.v3i1.556.

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As an Islamic country, Islamic family law reform in Malaysia is experiencing various dynamics. This article aims to examine the genealogy, reform, and products of Islamic family law in the field of marriage (munakahat) in Malaysia. The authors find that Malaysia’s Islamic law reform is divided into three periods using literature research. In the Malay period, Islamic values were generally embedded in the law in Malaysia. During the British colonial period, English law had dominated and was used as common law, which was absorbed in various legislation and jurisprudence in Malaysia. It was only
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Kusmardani, Alex, Siah Khosyi’ah, Oyo Sunaryo Mukhlas, Nurrohman Nurrohman, and Usep Saepullah. "The Development of Ideas on The Reform and Transformation of Islamic Family Law Into Legislation in Islamic Countries." JURNAL SYNTAX IMPERATIF : Jurnal Ilmu Sosial dan Pendidikan 4, no. 5 (2023): 644–62. http://dx.doi.org/10.36418/syntax-imperatif.v4i5.296.

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Family Law Reform in Muslim Countries is still a debate in the Muslim World Community because it considers Islamic Family Law and Family Law to have no equality, This article aims to know the renewal and transformation of Family Law in the Islamic world. This research is a literature, with a type of analytical descriptive research, The approach used is interdisciplinary, namely comparative, juridical, philosophical, and historical approaches, while this research source uses primary sources of secondary source Law books such as theses, dissertations, and journal articles, Results of Factors Aff
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Kamali, Mohammad Hashim. "Islamic Family Law Reform: Problems and Prospects." ICR Journal 3, no. 1 (2011): 37–52. http://dx.doi.org/10.52282/icr.v3i1.579.

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This Special Issue of Islam and Civilisational Renewal carries selected papers from the ‘International Conference on the Family Institution in the Twenty-First Century: Ideals and Realities’, held at IAIS Malaysia on 13-14 December 2010. The event was jointly organised by IAIS Malaysia, the Institute of Islamic Understanding Malaysia (IKIM), Yayasan Pendidikan Islam (YPI), Yayasan Ubaidi, the Journalists and Writers Foundation, Istanbul, Turkey, the International Institute of Islamic Thought (IIIT), and the Malaysian Turkish Dialogue Society, and officiated by Senator Dato, Sri Sharizat Abdul
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Dissertations / Theses on the topic "Islamic family law"

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Abdul, Malek Normi. "Malaysian law of custody : a comparative study with Islamic, English and Scottish laws." Thesis, Glasgow Caledonian University, 1997. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.388285.

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Moosa, Ebrahim. "Application of Muslim personal & family law in South Africa : law, ideology and socio-political implications." Master's thesis, University of Cape Town, 1989. http://hdl.handle.net/11427/14344.

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Includes bibliography.<br>What I have coined as 'politics' occur at two levels, namely at the level of the differing political perceptions of Muslims and at the level of how they interact with the modern-state. This study approaches the subject from two angles. The first deals with a community's self-perception in relation to its religious symbols and values. The second involves an understanding of the human reality we experience. Law, ideology, economics and a host of other forces dictate the destinies of people. It is against the backdrop of the above two levels that the implications of the
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Ceres, Moegammad Soliegh. "Family Planning and Progeny as a means of enacting the Maqāsid al- Sharī’ah: A Critical analysis of the positions of Gamal Eldin Attia, Abul Faḍl Moḥsin Ebrāḥīm and ‘Abdel Raḥīm Omrān". University of the Western Cape, 2018. http://hdl.handle.net/11394/7874.

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Magister Theologiae - MTh<br>This study will research one of the objectives of Maqāsid al- Sharī’ah (Objectives of the Islamic Law) namely Ḥifẓ al-Nasl better known as the protection of progeny as well as family planning. 1. Sharī’ah (Islamic Law) has provided the principles that govern any human activity and ensures protection of life, ease and pleasure. The Qur’ān and the Sunnah (Prophetic tradition) both emphasize flexibility and general principles and guidelines that may be applied to all areas of life. Thus, issues relating to marriage, protection of progeny, sexuality, and even
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Welchman, Lynn. "Beyond the code Muslim family law and the shariʼa judiciary in the Palestinian West Bank /". The Hague ; London ; Boston : Kluwer Law International, 2000. http://catalogue.bnf.fr/ark:/12148/cb37739801w.

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Abdel, Hadi Fouz. "Islamic Legislative Drafting Methodology for Women's Equality Rights in Palestine: Using Codification to Replace the Wife's Obedience Obligation by Full Equality in the Family Law." Thesis, Université d'Ottawa / University of Ottawa, 2009. http://hdl.handle.net/10393/12748.

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The Islamic legislative drafting methodology is meant to bring the family law of Islamic countries into line with current conceptions of gender equality found not only in the West but in Islamic law (the shari’a) as well. The methodology involves identifying the fundamental principles of shari’a and recognizing that they must be adapted to the socio-economic conditions in which they are to be applied.
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Akhtar, Rajnaara C. "British muslims and transformative processes of the Islamic legal traditions : negotiating law, culture and religion with specific reference to Islamic family law and faith based alternative dispute resolution." Thesis, University of Warwick, 2013. http://wrap.warwick.ac.uk/57689/.

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This cross disciplinary socio-legal research study provides a unique contribution to the study of British Muslims, faith based ADR mechanisms and the state. The existence of informal religio-centric dispute resolution forums exemplifies a form of legal pluralism in action. The study investigated the approach to Islamic family law and dispute resolution of a sample of 250 British Muslims aged 18-45, primarily Britishborn, university educated and practicing their faith or understanding their religious obligations. Empirical research was undertaken using both quantitative and qualitative research
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Sharafeldin, Marwa. "Personal status law reform in Egypt : women's rights : NGOs navigating between Islamic law and human rights." Thesis, University of Oxford, 2013. http://ora.ox.ac.uk/objects/uuid:9d389f66-f8f6-4c0a-8755-1f7d2186a1ba.

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This thesis explores the ways in which Islamic law and human rights interact within the work of women’s rights non-governmental organizations (NGOs) that advocate the reform of the Egyptian Personal Status Law (PSL) in the period between 2006 and 2010. The thesis shows the relevance of the human rights framework as well as the flexibility of Islamic legal discourse in the work of the NGOs. Drawing on both Islamic law and human rights enabled NGOs to develop a more gender-sensitive religious discourse, which supported their PSL reform demands. However the interaction between these two framework
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Hak, Nora Abdul. "Islamic arbitration (Tahkim) and mediation in resolving family disputes : a comparative study under Malaysian and English Law." Thesis, Glasgow Caledonian University, 2002. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.395796.

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Wolpe, Camille L. "State-building, Systemic Shocks and Family Law in the Middle East and North Africa." Digital Archive @ GSU, 2012. http://digitalarchive.gsu.edu/political_science_theses/50.

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Family law regulates the formation of marriage, divorce, marital property rights, child custody, inheritance, and spousal duties. This study aims to demonstrate how family law formation in the Middle East and North Africa reflects the struggle among social and political forces to capture the state and assert authority. The balance of power between competing social forces impacts both the timing (short-term versus long-term struggle) and type (progressive or regressive) of family law after independence. The ability of one of two competing forces, broadly categorized as traditionalist versus
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Dwairi, Orwah. "Determining the minimum legal age for marriage in Islamic Fiqh with a focus on its impact on young married women's rights : a case study of Family Law No 36 of 2010 in Jordan." Thesis, University of Aberdeen, 2015. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=226815.

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The present thesis has been designed to discuss how the minimum age for marriage has been determined in Islamic Fiqh with a focus on the case study of the Family Law No 36 of 2010 in Jordan. It is the contention of the present researcher that the marriage of minors cannot comply with the guidance of both the Holy Quran and Hadith because neither specified a clear cut minimum age for marriage. A considerable confusion exists among Muslim scholars regarding the determination of the minimum age for marriage leading to the prevalence of child marriage in some Muslim societies. This confusion has a
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Books on the topic "Islamic family law"

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Arshad, Raffia. Islamic family law. Sweet & Maxwell, 2010.

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Chibli, Mallat, Connors Jane Frances, University of London. Centre of Middle Eastern Studies., and University of London. School of Oriental and African Studies. Dept. of Law., eds. Islamic family law. Graham & Trotman, 1990.

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Hamid, Nasser, ed. Islamic family law: Case & materials. Gavel Publications, 2010.

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Kamaruddin, Zaleha, and International Islamic University Malaysia, eds. Islamic family law issues 2000. International Islamic University Malaysia, 2001.

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Gurin, Aminu Muhammad. An introduction to Islamic Family Law. Malthouse Press Limited, 2013.

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Asifa, Quraishi, and Vogel Frank E, eds. The Islamic marriage contract: Case studies in Islamic family law. Islamic Legal Studies Program, Harvard Law School, 2008.

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J, DeLong-Bas Natana, ed. Women in Muslim family law. 2nd ed. Syracuse University Press, 2001.

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ʻĀlī, ʻItsamāʻǣ. Kotmāi khrō̜pkhrūa ʻItsalām =: Family law in Islamic. Phāk Wichā ʻItsalāmsưksā, Witthayālai ʻItsalāmsưksā, Mahāwitthayālai Songkhlānakharin, Witthayākhēt Pattānī, 1997.

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Bhaie, Kamala. Family law in Malaysia. LexisNexis, 2009.

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Ibrahim, Ahmad. Family law in Malaysia. 3rd ed. Malayan Law Journal Sdn. Bhd., 1997.

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Book chapters on the topic "Islamic family law"

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Engelcke, Dörthe. "Islamic Family Law." In Routledge Handbook on Women in the Middle East. Routledge, 2022. http://dx.doi.org/10.4324/9781315165219-14.

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Saad, Jazilah Mohd, and Adnan Trakic. "Islamic Family Law." In Islamic Law in Malaysia. Springer Singapore, 2021. http://dx.doi.org/10.1007/978-981-33-6187-4_5.

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Schneider, Irene. "Family law and succession." In Routledge Handbook of Islamic Law. Routledge, 2019. http://dx.doi.org/10.4324/9781315753881-21.

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Coulson, N. J. "Islamic Family Law: Progress in Pakistan." In Changing Law in Developing Countries. Routledge, 2021. http://dx.doi.org/10.4324/9781003245674-13.

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Shehada, Nahda. "Civil society, women’s movement and family law reform." In Applied Family Law in Islamic Courts. Routledge, 2018. http://dx.doi.org/10.4324/9781315100531-8.

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Shehada, Nahda. "Islamic jurisprudence now and in the past." In Applied Family Law in Islamic Courts. Routledge, 2018. http://dx.doi.org/10.4324/9781315100531-2.

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Shehada, Nahda. "Introduction." In Applied Family Law in Islamic Courts. Routledge, 2018. http://dx.doi.org/10.4324/9781315100531-1.

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Shehada, Nahda. "Epilogue." In Applied Family Law in Islamic Courts. Routledge, 2018. http://dx.doi.org/10.4324/9781315100531-10.

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Shehada, Nahda. "The Gaza Shari‘a courts." In Applied Family Law in Islamic Courts. Routledge, 2018. http://dx.doi.org/10.4324/9781315100531-3.

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Shehada, Nahda. "The daily practice of judges." In Applied Family Law in Islamic Courts. Routledge, 2018. http://dx.doi.org/10.4324/9781315100531-4.

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Conference papers on the topic "Islamic family law"

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Awang, Nurulbahiah. "Constructive Harmonisation Of Islamic Family Law And The Women’s Convention." In IEBMC 2017 – 8th International Economics and Business Management Conference. Cognitive-Crcs, 2018. http://dx.doi.org/10.15405/epsbs.2018.07.02.99.

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Mohd, Azizah, and Nadhilah A. Kadir. "The Theory of Compulsion (Ijbar) in Marriage Under Islamic Law: Incorporation of the Hanafis View on Compulsory Consent in Marriage Under the Islamic Family Law (Federal Territories) Act 1984." In International Conference on Law, Governance and Islamic Society (ICOLGIS 2019). Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.200306.180.

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Ramadhan, Suci, J. Muslimin, and Asep Jahar. "Analysis of Receptie a Contrario Theory and its Effect on Islamic Family Law Legislation in Indonesia." In Proceedings of the 2nd International Colloquium on Interdisciplinary Islamic Studies (ICIIS) in Conjunction with the 3rd International Conference on Quran and Hadith Studies (ICONQUHAS). EAI, 2020. http://dx.doi.org/10.4108/eai.7-11-2019.2294534.

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Hermanto, Agus, Rudi Santoso, and A. Kumedi Ja’far. "Family Planning Program and its Impacts to Women’s Health According to the Perspective of Islamic Law." In 1st Raden Intan International Conference on Muslim Societies and Social Sciences (RIICMuSSS 2019). Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.201113.053.

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Mesraini, Syahrul Adam, and Ade Irma Imamah. "Woman Rights to Refuse Rujuk: Gender Equity on Islamic Family Law in Indonesia, Malaysia, and Brunei Darussalam." In International Conference Recent Innovation. SCITEPRESS - Science and Technology Publications, 2018. http://dx.doi.org/10.5220/0009919709050912.

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Jenko, Aladin. "Divorce problems Divorce from a man does not occur except in court model." In INTERNATIONAL CONFERENCE OF DEFICIENCIES AND INFLATION ASPECTS IN LEGISLATION. University of Human Development, 2021. http://dx.doi.org/10.21928/uhdicdial.pp238-250.

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"Divorce is considered a form of family disintegration that leads to the demolition of the family and family pillars after its construction through the marriage contract and then the termination of all social ties between husband and wife and often between their relatives. Divorce rates have risen to frightening levels that threaten our Islamic societies. Among the most important causes of divorce in our society are the following: The failure of one or both spouses in the process of adapting to the other through the different nature of the spouses and their personalities, the interference of t
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Cantori, Louis J. "FETHULLAH GÜLEN: KEMALIST AND ISLAMIC REPUBLICANISM AND THE TURKISH DEMOCRATIC FUTURE." In Muslim World in Transition: Contributions of the Gülen Movement. Leeds Metropolitan University Press, 2007. http://dx.doi.org/10.55207/xgns5949.

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To put it bluntly, the claim that liberal democracy is a universal concept is false. Its prerequi- sites of individualism, equality, secularism, pluralism etc. have a minority status in the world. On the other hand, what can be termed Islamic conservatism does apply to Islamic societies: 1) the past incorporates within it the revelations of God as expressed in the Qur’an as the spiritual centre of gravity; 2) community and family take precedence over the individual and 3) the goal of society is the enjoining of that which is good and the prohibition of that which is evil. Islamic conservatism
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Ghazi ASSI, Ahmed. "Interpretation of the verses of judgments Verse (45) of Surat Al-Ma’idah In the Holy Quran." In V. International Congress of Humanities and Educational Research. Rimar Academy, 2022. http://dx.doi.org/10.47832/ijhercongress5-3.

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Praise be to God, a praise worthy of His majesty and beauty, and eternal prayer and peace accompanying those who have reached darkness. His perfection, and all his weaning improved, on his family and all his companions, and after: - The science of tafsir is one of the best and most honorable sciences, since with it the expressions that are the purpose of the creation of the Creator are correct. The Almighty said: ((I did not create the jinn and men except to worship Me)) (Al-Dhariyat (56). The present criminal law, wide and integrated fields, and the Islamic Sharia has come with an integrated
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Saleh Ahmed, Kosrat, and Zyad Ismail Hamad. "The Relationship Between Mediocrity in Social Media Platforms and Family Values According to The Islamic Educational Thought." In Digital Media Effects on Society Security Under Domestic and International Laws. Sulaimani Polytechnic University, 2024. http://dx.doi.org/10.24017/dmedialaw24.23.

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لەم توێژینەوەیە تیشک خراوەتە سەر پرسى برەودان بە پوچگەرایی لە رێگەی تۆرەکۆمەڵایەتییەکان و مەترسیییەکانى لەسەر بەها خێزانییەکان، هەروەها پێشکەشکردنى چارەسەر لەروانگەى هزرى پەروەردەی ئیسلامى. لەرێگەى میتۆدى وەسفى شیکارى هەوڵدراوە بەپوختى وەڵامى گرنگترین کۆپرسەکانى توێژینەوە بدرێتەوە، دیارترین تۆڕە کۆمەڵایەتییەکان چین کەوەک سەکۆى برەودان بەپوچگەرایى بەکاردەهێنرێن؟ ئامانج لەبرەودان بەپوچگەرایى چیە و چۆن دەکرێت بنبڕ یاخود سنورداربکرێت لەروانگەى هزرى پەروەردەى ئیسلامى؟، گرنگى توێژینەوەکە لەوە خۆیدەبینێتەوە، کە پوچگەرایی بۆتە دیاردەیەکى مەترسیدار لەسەر کۆڕشتەى بەهاباڵاکان گشتى و بەها خێزانییەکان بەتا
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KARIM SHARIF, BAQI. "Genocide And strategies to confront it from an Islamic perspective." In Peacebuilding and Genocide Prevention. University of Human Development, 2021. http://dx.doi.org/10.21928/uhdicpgp/46.

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"Genocide And strategies to confront it from an Islamic perspective Genocide is the nightmare and black point in human history, which unfortunately is committed by human beings as individuals or groups, or even governments and countries against the brotherhood of human being. The mass extermination was the extermination of a family and a group, or a nationality and a sect, in a place because of the justification for their national, sectarian and religious affiliations. Or was their extermination because of their race and color, or because of the location of the geography rich in economic mater
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