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Observance of Maqaasid and Urf and their Impact Contracts and Actions an Applied Jurisprudence Study
Author(s) -
Ali Muhammad Ali Mahdi Uthman
Publication year - 2021
Publication title -
al hikmah international journal of islamic studies and human sciences
Language(s) - English
Resource type - Journals
ISSN - 2637-0581
DOI - 10.46722/hkmh.4.si.21b
Subject(s) - law , contempt , jurisprudence , wife , salary , compensation (psychology) , political science , annulment , law and economics , sociology , psychology , social psychology
The research sheds light on the effect of observing purposes and intentions in contracts that require an offer and acceptance by both parties, such as selling, leasing, gift, marriage...etc, and behaviors that require consent from one party, such as acquittal, abolition and divorce. The research deals with many problems that sometimes occur - in good faith. And sometimes under the pressure of custom, which looks with contempt at those who violate its rules, even if they are claiming their legitimate right in light of observing the legitimate purposes, and the articles of the Egyptian Civil Code in a way that helps the muftis and judges to resolve the dispute and raise the problems with a scientific methodology in accordance with the legal provisions. Research problem: In this research, many practical problems have been monitored and the fair jurisprudential solutions have been developed for them.The son’s spending on the family on what is customary, without permission to ask for compensation or as a gift, then dispute after that in the request for compensation.The wife’s contribution with her salary to the marital home, and then asking for compensation in the event of a dispute.Signing the divorce document not for the purpose of separation, but for the purpose of obtaining the father's pension. Relinquishing the inheritance for fear of contempt from relatives Research aims: Develop jurisprudential solutions to many practical problems that are referred to the fatwa committees about the research. Emphasis on the flexibility of jurisprudence, and its ability to develop just solutions to all developments in life. In response to what was called by the Al-Azhar International Conference for Renewal of Islamic Thought, to ignite the trigger of the jurisprudential mind to come up with advanced visions that build on the origins of the previous jurists to put just solutions to many of the problems of the time, and the subject of research is one of these problems. Research Methodology: The method that I will follow in the research - God willing - is as follows: The comparative method. Scientific analysis method. Jurisprudence graduation curriculum. Research results: The research ended with many results that indicate the observance of the purposes of the taxpayers in contracts and actions according to legal controls that were detailed during the research, and the results were mentioned in general at the end of the research.

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