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Marriage System To Be Studied Islamic Law

Posted on:2014-07-15Degree:MasterType:Thesis
Country:ChinaCandidate:L MaFull Text:PDF
GTID:2266330401458007Subject:Law
Abstract/Summary:PDF Full Text Request
Islamic sharia law still keeps fresh and alive after more than1400years. With the development of the times, more and more scholars begin to study sharia law. Among the laws, Muslim women’s marriage rights has caught many scholars’eyes.Idda means before the couple decided to divorce,they need to wait for a certain period (usually is limited to three times in the menstrual period of women), after the expiry of the period, divorce decided to produce legal effect. Throughout the development of islamic sharia law, the legal source of the Idda has profound and abundant content of law. The earliest can be traced back to the Arab benighted era, in the era of tribal habits, produced to the buds of the Idda. But at that time, women’s social status was low, they often become the object of mercenary marriage, marriage rights firmly in the hands of men, and men shall have the right to free to divorce his wife. The Arab benighted era for Idda does not guarantee the marriage rights and interests of women.Islam, happened to turn the world upside down change the Arabia area society. The classic "Koran" in the age of barbarism tribes divorce habit, into the legal content, will be incorporated into the marriage system. In the form of fundamental law to protect women’s marriage rights. Thereafter, with the development of society, Islamic jurists follow the principles of "Koran" and the Hadith, puts forward a new theoretical viewpoints and opinions from different angles, and constantly improve the legal system for the divorce.In the Muslim law system, Idda is a unique divorce system. Throughout the development of Islamic law, Idda has profound legal sources and concept which has made detailed and specific stipulations about women’s rights and interests during and after divorce. The Idda involves the equal right to divorce,restrictions on remarriage for a certain period of time,to privide the right support for woman,deprivate the rigth of the restoration of marriage,etc.The Idda has brought far-reaching impacts to divorce law of all Islamic countries, In addition which means it has indubitable legal soundness. From the first half of the19th century, Islam areas successively colonized by the western powers. To a certain extent, the divorce legal system of the western countries has a strong impact on islamic countries. In order to meet the need of era, the islamic countries started the reform of the marriage law reform. Reform however, they did not delect the Idda. It is full retention, and endowed with new contents.Furthermore, in China, a multinational country, Hui people has the shadow of Idda on its divorce custom. Therefore, in the process of building a socialist country under the rule of law, it appears to be very important to adjust the relationship between ethnic customs and national law. In adjusting the hui ethnic customs and national law relations,we should adhere to the "take the essence and discard the dregs" principle, to which and the place of our country "marriage law" achieve mastery through a comprehensive study, we should give affirmation and support; With the "marriage law" in which place, should carry on the corresponding reform, so that we can ensure the unity of the national legal system.
Keywords/Search Tags:Islamic sharia law, divorce, Idda, ethnic customs, adjust
PDF Full Text Request
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