Islamic Jurisprudence And Human Rights: At-Takhyîry Approach In Marriage Law

DOI

10.2991/iclj-17.2018.9How to use a DOI?

Keywords

slam; Jurisprudence; Human Rights; Fiqh; Marriage Law; at-Takhyiri; Talaq.

Abstract

The Declaration of Human Rights (UDHR) is one of human commitment in the world to preserve justice and human rights. It is claimed to universal regardless of religion ethnic and social. In Islam, is formed in the Quran and specially discussed in the Islamic Jurisprudence. Its doctrine concept, however, regretted in opposite to the values of Human Rights. The marriage law, for instance, in the Islamic Jurisprudence is often diminishing rights of the woman of being purposed or maintaining her status. Man and the woman's family have full rights to constrain a marriage even without her approbation. It seems that the coercion is practiced by many Muslim societies or countries. In this paper, I would like to answer those theses. Moreover, it is also to depict a new point of view till we are able to understand the main concept of human rights and the Islamic marriage law by providing a different aspect of Islamic Teaching and its jurisprudence method.

Copyright

© 2018, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Kamal Fiqry Musa
PY  - 2017/11
DA  - 2017/11
TI  - Islamic Jurisprudence And Human Rights: At-Takhyîry Approach In Marriage Law
BT  - Proceedings of 1st International Conference of Law and Justice - Good Governance and Human Rights in Muslim Countries: Experiences and Challenges (ICLJ 2017)
PB  - Atlantis Press
SP  - 36
EP  - 40
SN  - 2352-5398
UR  - https://doi.org/10.2991/iclj-17.2018.9
DO  - 10.2991/iclj-17.2018.9
ID  - FiqryMusa2017/11
ER  -