Protecting the spouses’ interest (maslahah) in cases of defects through the application of the Islamic principle of Harm

Two crucial elements serve as the objective of Islamic legal rulings are the achievement of interest (maslahah) and the repulsion of harm (mafsadah). This paper seeks to examine the juristic views of different schools of laws in Islam on the application of the Islamic principle of harm in protecting...

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Main Authors:	Tengku Muda, Tengku Fatimah Muliana, Mohd, Azizah, Md. Hashim, Noraini
Format:	Article
Language:	English
Published:	HRMARS 2017
Subjects:	KBP Islamic Law
Online Access:	http://irep.iium.edu.my/59744/ http://irep.iium.edu.my/59744/ http://irep.iium.edu.my/59744/1/IJARBSS_vol.7.no.4.2017%20Protecting%20Spouse%20Interest.pdf

id	iium-59744
recordtype	eprints
spelling	iium-597442018-01-31T17:33:42Z http://irep.iium.edu.my/59744/ Protecting the spouses’ interest (maslahah) in cases of defects through the application of the Islamic principle of Harm Tengku Muda, Tengku Fatimah Muliana Mohd, Azizah Md. Hashim, Noraini KBP Islamic Law Two crucial elements serve as the objective of Islamic legal rulings are the achievement of interest (maslahah) and the repulsion of harm (mafsadah). This paper seeks to examine the juristic views of different schools of laws in Islam on the application of the Islamic principle of harm in protecting the interest of spouses in cases of defects. For comparative purpose, the paper has also discussed the provisions of law related to defects as applied in Jordan, Egypt and Morocco. Using content analysis method, the findings indicate that where either spouses is inflicted with certain types of defects, dissolution of marriage is allowed based on the ground of protecting the interest of the spouses as well as an appraisal to the Islamic principle of repulsion of harm. Keywords: Harm, Defect, Marital Life, Islamic Law, Maslahah HRMARS 2017-08 Article PeerReviewed application/pdf en http://irep.iium.edu.my/59744/1/IJARBSS_vol.7.no.4.2017%20Protecting%20Spouse%20Interest.pdf Tengku Muda, Tengku Fatimah Muliana and Mohd, Azizah and Md. Hashim, Noraini (2017) Protecting the spouses’ interest (maslahah) in cases of defects through the application of the Islamic principle of Harm. International Journal of Academic Research in Business and Social Sciences, 7 (4). pp. 345-358. ISSN 2222-6990 http://www.hrmars.com/journal
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	KBP Islamic Law
spellingShingle	KBP Islamic Law Tengku Muda, Tengku Fatimah Muliana Mohd, Azizah Md. Hashim, Noraini Protecting the spouses’ interest (maslahah) in cases of defects through the application of the Islamic principle of Harm
description	Two crucial elements serve as the objective of Islamic legal rulings are the achievement of interest (maslahah) and the repulsion of harm (mafsadah). This paper seeks to examine the juristic views of different schools of laws in Islam on the application of the Islamic principle of harm in protecting the interest of spouses in cases of defects. For comparative purpose, the paper has also discussed the provisions of law related to defects as applied in Jordan, Egypt and Morocco. Using content analysis method, the findings indicate that where either spouses is inflicted with certain types of defects, dissolution of marriage is allowed based on the ground of protecting the interest of the spouses as well as an appraisal to the Islamic principle of repulsion of harm. Keywords: Harm, Defect, Marital Life, Islamic Law, Maslahah
format	Article
author	Tengku Muda, Tengku Fatimah Muliana Mohd, Azizah Md. Hashim, Noraini
author_facet	Tengku Muda, Tengku Fatimah Muliana Mohd, Azizah Md. Hashim, Noraini
author_sort	Tengku Muda, Tengku Fatimah Muliana
title	Protecting the spouses’ interest (maslahah) in cases of defects through the application of the Islamic principle of Harm
title_short	Protecting the spouses’ interest (maslahah) in cases of defects through the application of the Islamic principle of Harm
title_full	Protecting the spouses’ interest (maslahah) in cases of defects through the application of the Islamic principle of Harm
title_fullStr	Protecting the spouses’ interest (maslahah) in cases of defects through the application of the Islamic principle of Harm
title_full_unstemmed	Protecting the spouses’ interest (maslahah) in cases of defects through the application of the Islamic principle of Harm
title_sort	protecting the spouses’ interest (maslahah) in cases of defects through the application of the islamic principle of harm
publisher	HRMARS
publishDate	2017
url	http://irep.iium.edu.my/59744/ http://irep.iium.edu.my/59744/ http://irep.iium.edu.my/59744/1/IJARBSS_vol.7.no.4.2017%20Protecting%20Spouse%20Interest.pdf
first_indexed	2023-09-18T21:24:39Z
last_indexed	2023-09-18T21:24:39Z
_version_	1777412110771290112

Protecting the spouses’ interest (maslahah) in cases of defects through the application of the Islamic principle of Harm

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