This item is published by Universitas Islam Negeri Sunan Ampel Surabaya
Al Haj, Mohamed Amer Salem (2020) الإشهاد على الطلاق دراسة مقارنة بين المذاهب الفقهية والتشريع المغربي. PhD thesis, UIN Sunan Ampel Surabaya.
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Abstract
This research is conducted based on the background and urgency of the research on Fiqh science and its parts in detail. It focuses on the legal explanation concerning “witnesses in divorce trials” according to Fiqh Madhhab and the Morocco’s laws and regulations by stating their opinions and daleel (guide or proof) for determining the law. This research aims to: 1. find out the laws that regulate the presence of witnesses in divorce trials based on Fiqh Madhhab, 2. find out the laws that regulate the presence of witnesses in divorce trials based on Morocco’s laws and regulations, and 3. find out the similarities and differences between Fiqh Madhhab and Morocco’s laws and regulations regarding the case of “witnesses in divorce trials.” The researcher employs descriptive research using library study and comparative method. The research results show that: 1) Fiqh Madhhab has different opinions about the law concerning “witnesses in divorce trials”. Hanafiyah, Malikiyah, Syafiiyah and Hanbaliyah state that the presence of witnesses in divorce trials is sunnah or not obligatory. Whereas, Dhohiriyah, Imamiyah and Zaidiyah mention that the presence of witnesses in divorce trials is obligatory. 2) Morocco’s laws and regulations declare that the presence of witnesses in divorce trials is a compulsory or obligatory. 3) In line with Dhohiry, Imamy and Zaidy Madhhab, Morocco’s laws and regulations assert that the presence of witnesses in divorce trials is obligatory. In contrast, Hanafi, Maliki, Syafii, and Hanbali Madhab affirm that the presence of witnesses in divorce trials is sunnah or not obligatory. The Morocco’s legislator states that the presence of witnesses in divorce trials is obligatory, and it is written in article (79) of the Compilation of Islamic Family Law.
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| Item Type: | Thesis (PhD) | ||||||||
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| Subjects: | Perkawinan | ||||||||
| Keywords: | Witnesses;Divorce Trials; Fiqh Madhhab; Morocco’s Laws | ||||||||
| Divisions: | Program Doktor > Studi Islam | ||||||||
| Depositing User: | Editor : Abdun Nashir------ Information------library.uinsby.ac.id | ||||||||
| Date Deposited: | 14 Dec 2020 14:09 | ||||||||
| Last Modified: | 14 Dec 2020 14:09 | ||||||||
| URI: | http://digilib.uinsa.ac.id/id/eprint/45403 |
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