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Historical development in the documentation of marriage contracts
Alshekh, Saad Abdulwahhab1, Raihanah Abdullah2, Mahamatayuding Samah3.
This study investigates the documentation of marriage contracts, beginning from the historical ages of Adam and Eve, peace be upon them, as manifested through the heavenly laws that Allah the Almighty had provided, the laws that were legislated by previous nations before our Prophet Muhammad (PBUH) was sent by Allah followed by the laws decreed by nations after Prophet Muhammad until the Iraqi Personal Status Law. In following the historical process of the documentation of marriage contracts, this study also looks at what was stated in the laws of heaven to see how a marriage contract was established. It looks at the reasons why a marriage contract had certain conditions omitted in the era of the Prophet Muhammad (PBUH), and as according to the Islamic law of that period. Specifically, this study aims to understand why
Muslims only started documenting their marriage contracts more
than two centuries after Hijrah. It also aims to understand what
the legitimate policy was, followed by how the marriage contracts
and registrations were performed in the Iraqi Personal Status
Law. The statements of the contemporary jurists who considered
documenting marriage certificates to be the jurisprudence era/
nawāzil al-‘aṣr will be analyzed and evaluated. It is hoped that
the analysis will be able to highlight the reasons showing why
marriage certificates must be documented in accordance with the
Islamic law and the civil law.
Affiliation:
- University of Malaya, Malaysia
- University of Malaya, Malaysia
- University of Malaya, Malaysia
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MyJurnal (2021) |
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