Family Jurisprudence Codification is a Modern Necessity for Family Protection. “Rights and duties of the wife as a model”

Keywords: Codification;Family; wife, husband, Law, international agreement, CEDAW, protection, Family Jurisprudence

Abstract

Islamic Sharia is a rich source of laws and regulations governing the individual Muslims and their relationships with others in all aspects of life. Collectively, these laws are commonly called Islamic jurisprudence or Fiqh. This paper specifically focuses on family law, particularly the marital bond, which is considered the family foundation. For the purpose of preserving the familyand to deducing the appropriate Islamic legal rulings for family matters,then to facilitate its study and implementation by specialists. Some experts unlike others have seen the necessity to codify the Islamic jurisprudence and organizeit into clear and easily applicable articles that are intact from any internal or external complications, like international agreements that interfere with family regulations, thus destabilizing the family unit and making it vulnerable to shocks and fractures.

References

Abed Raouf Ibn al-Mannawi. (1990). Al-Taqwif ala Muhimmat al-Taarif. In A. H. Hamdan (Ed.), ‘Ilm al-Kutub. Cairo.
2. Ahmed Al-Zarqa. (2004). Introduction to general jurisprudence (2nd ed.). Dar al-Qalam.
3. Attia Saqr. (2006). The Family Under Islamic Care: Marital Rights. Wahba Library.
4. Mohamed Rifeat Otman. (1991). Rights, Duties, and International Relations in Islam (4th ed.). Dar al-Diyaa.
5. Mohamed Sakhal Al-Madjadji. (2010). Al-Mohadheb fi al-Fiqh al-Maliki wa Adilatohu. Dar al-Waei.
6. Mohamed Zaki Abd al-Bar. (1986). The Codification of Islamic Jurisprudence: Principle, Methodology, and Application (2nd ed.). Ihya al-Turath al-Islami.
7. Mostafa Al-Adaoui. (1996). The Jurisprudence of Interaction Between Spouses and Glimpses from Prophethood. Dar Ibn Rajab.
8. Nacer Edine Al-Baydaoui(2010). Anwar al-Tafsir wa Asrar al-Tanwir. Dar Ihya al-Turath al-Arabi.
9. Salem Al-Rafii. (2002). The Rulings of Personal Status for Muslims in the West. Dar Ibn Hazm.
10. Wahba Al-Zuhayli. (2003). Al-Tafsir al-Munir (2nd ed.). Dar al-Fikr.
11. Abbas Abdelkader. (Year). Title of the article. Journal of Law and Political Sciences, Volume (Issue), pages.
12. Ben Hamida Hind. (2014). Women's work between family duties and professional challenges. Humanization Journal for Research and Studies, 11.
13. Ben Hamla Sami. (Year). Title of the article. Journal of Legal and Political Research, University of Mohamed Seddik Ben Yahya, Jijel, Special volume1, Issue1, p.165-175.
14. Boussaidia Abdelraouf & Ghabouli Mona. (Year). Title of the article. Academic Journal of Legal Research and Studies, No. 3, pp. 644-663.
15. Mohammed Bouqraa. (2023). Fundamental Codification and its Impact on Doctrinal Incidents - the Arabized standard as a model. Journal of Sciences and Horizons of Knowledge, University of Amar Talji, Laghouat, Algeria, 3(1), p.69-95.
16. Techoir Jdilani. (2008). Globalization of law and its impact on family provisions. Algerian Journal of Legal, Economic and Political Sciences, Faculty of Law, Issue 3, p.91.
17. United Nations. (2019). The National Report on the Implementation of the Beijing Platform for Action after 25 Years (Beijing+25).
18. Hani Boujaadar & Ibrahim Rahmani. (2018). The Convention on the Elimination of All Forms of Discrimination against Women and its Effects on the Foundations of the Family. Second International Forum, Jurisprudential Developments in Family Provisions, Institute of Islamic Sciences, El Oued.
19. Mohamed Mahdi Lakhdar Ben Nasser. (2018). Mechanisms of formulating the legal jurisprudential article 177-194. Al-Ihya, 21, Ramadan.
20. Mohamed Yahya Al-Nadjimi. (2007). Women's rights and the CEDAW Convention, a critical and purposeful reading. Islamic Thought Forum, 42-43.
Published
2024-12-28
How to Cite
CHEURFA , S. (2024). Family Jurisprudence Codification is a Modern Necessity for Family Protection. “Rights and duties of the wife as a model”. Journal of Science and Knowledge Horizons, 4(02), 156-174. https://doi.org/10.34118/jskp.v4i02.4016