A Maqasid Approach to contemporary fiqh of Family In The Malaysian Context With Special Reference to Illegitimate Child Issue
This study aims at exploring and developing a Maqāṣid al-Sharī‘ah approach to the contemporary fiqh of family in the Malaysian context. The utilizing of Maqāṣid al Sharī‘ah in the predominant jurisprudence’s approach to the contemporary fiqh of family's issues and challenges, particularly n...
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| Summary: | This study aims at exploring and developing a Maqāṣid al-Sharī‘ah approach to the
contemporary fiqh of family in the Malaysian context. The utilizing of Maqāṣid al Sharī‘ah in the predominant jurisprudence’s approach to the contemporary fiqh of
family's issues and challenges, particularly nasab of illegitimate child, is argued to be
limited and in need of proper revision. Therefore, this study visualizes the Maqāṣid al Sharī‘ah concept as well as its significant roles in presenting solutions to the fiqh of
family issues and challenges. The actualization of Maqāṣid al-Sharī‘ah approach in
the fiqh of family is contextualized in the case of nasab status of illegitimate child.
This research employs a qualitative research method, and in terms of the interpretation
of the Islamic scriptures, it applies the Maqāṣid oriented approach. In light of the
research finding, this study supports the legitimation and offers recommendations in
the form of ḍawābiṭ or parameters of realizing the Maqāṣid approach, which can be
used as a reference by fatwa or fiqhi bodies, court and policymakers. The findings of
this study conclude that a Maqāṣid approach with specific parameters is essential and
instrumental in resolving contemporary fiqh of family issues as in the case of nasab of
an illegitimate child. |
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