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https://ptsldigital.ukm.my/jspui/handle/123456789/475840| Title: | al-Tafriq lil-darar bayna al-zawjayn : dirasat fiqhiyyat muqaranat bi al-qanun al-Libi |
| Authors: | Jalal Muhammad Al-Senussi Abdul-Sayed (P50603) |
| Supervisor: | Abdul-Wadud Mustafa Morsi Al-Saudi, Dr. |
| Keywords: | Dissertations, Academic -- Malaysia Divorce (Islamic law) -- Brunei Marriage -- Annulment (Islamic law) -- Brunei |
| Issue Date: | 31-Dec-2014 |
| Description: | This research is a study pertaining to the law of separation between the spouses due to harm, in the Islamic law and the Libyan law of marriage and divorce article no. 10, 1984. The problem of the study can be summarized in two points; firstly, the subjection of Libyan woman to numerous material and moral harms and her prevention from separation from her husband due to these harms based on the custom and culture of Libyan society. Secondly, the subjection of the Libyan law to criticism from researchers judges and lawyers. The major portion of the criticism is directed to its incompatibility with the Shari‘ah laws in some of its articles due to the presence of legislative vacuum such as not addressing what should be addressed in the first place or its avoidance of the right juristic options. This study therefore, aims at comparing the separation between the spouses in according to the four schools of thought. It also discloses the extent of their agreement with the Libyan law hence establishing the preferred juristic view from among the four schools of thought. Lastly this study highlights the existing shortcomings in the Libyan law and proposes some suggestions for how to eliminate such shortcomings. The scope of this study is confined to discussion of the separation between spouses due to harm in Shari‘ah law and its comparison with the Libyan law. This study uses library research method as its collect data pertaining to the subject matter, from books and other relevant documents that are available in the library. In discussing the views pertaining to the subject matter of the research the researcher use both analytical and comparative methods by scrutinizing and comparing the available views hence, choosing and adopting the most preferred and reliable views. This study concludes that most of the options that the Libyan law of separation between the spouses adopted from Shari‘ah law are good and acceptable. However, there are some shortcomings and deficiencies that afflicted Libyan law pertaining to the separation between the spouses, hence giving rise to some legislative vacuums such as the absence of the laws relating to li‘an and imprisoned husband either on political basis or the otherwise. It also concludes that there exist some juristic preferences which Libyan legislator fail to integrate and codify, which the researcher has discussed in detail.,'Certification of Masters/Doctorial Thesis' is not available,Sarjana Pengajian Islam |
| Pages: | 216 |
| Call Number: | BP158.D5A237 2013 tesis |
| Publisher: | UKM, Bangi |
| Appears in Collections: | Faculty of Islamic Studies / Fakulti Pengajian Islam |
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