Justification for state intervention in family matters: an analysis from the context of islamic jurisprudence
Can the State intervene in family life? Arguments for State intervention in family life usually contend with arguments that emphasise the right of the family to integrity and freedom from State encroachment. Studies have shown that there is a no-end debate on this issue. In view of that, this paper...
| Main Authors: | , , , , |
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| Format: | Article |
| Language: | English |
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Universiti Teknologi Mara
2015
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| Subjects: | |
| Online Access: | http://irep.iium.edu.my/48102/1/journal_islamic_studies_uit%2C.pdf |
| _version_ | 1825649385853157376 |
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| author | Saidon, Rafeah Kamaruddin, Zaleha Arifin, Mahamad Ibrahim, Norliah Sahari, Noorul Huda |
| author_facet | Saidon, Rafeah Kamaruddin, Zaleha Arifin, Mahamad Ibrahim, Norliah Sahari, Noorul Huda |
| author_sort | Saidon, Rafeah |
| collection | IIUM |
| description | Can the State intervene in family life? Arguments for State intervention in family life usually contend with arguments that emphasise the right of the family to integrity and freedom from State encroachment. Studies have shown that there is a no-end debate on this issue. In view of that, this paper examines the justification of State intervention in family matters from the perspective of Islamic jurisprudence. For this reason, several Shariah principles and rulings are analysed to justify the state intervention and its limitations. As this writing is a conceptual paper, the method used primarily is based on library research, where references comprise extensive literature in the form of books, journal articles, relevant statutes, verses from the Quran and the traditions of the Prophet and his companions. It is found that, being the highest authority entrusted by Allah SWT to sustain the order of the community particularly the family institution, the state has the right to intervene in family matters by imposing both legal and non-legal mechanisms for the purpose of safeguarding the family as intended by Allah SWT. A number of justifications is highlighted in this paper to denote the discretionary power of the State in interfering in the family matters of its citizens. |
| first_indexed | 2024-03-05T23:46:49Z |
| format | Article |
| id | oai:generic.eprints.org:48102 |
| institution | International Islamic University Malaysia |
| language | English |
| last_indexed | 2024-03-05T23:46:49Z |
| publishDate | 2015 |
| publisher | Universiti Teknologi Mara |
| record_format | dspace |
| spelling | oai:generic.eprints.org:481022018-05-21T06:09:59Z http://irep.iium.edu.my/48102/ Justification for state intervention in family matters: an analysis from the context of islamic jurisprudence Saidon, Rafeah Kamaruddin, Zaleha Arifin, Mahamad Ibrahim, Norliah Sahari, Noorul Huda K Law (General) Can the State intervene in family life? Arguments for State intervention in family life usually contend with arguments that emphasise the right of the family to integrity and freedom from State encroachment. Studies have shown that there is a no-end debate on this issue. In view of that, this paper examines the justification of State intervention in family matters from the perspective of Islamic jurisprudence. For this reason, several Shariah principles and rulings are analysed to justify the state intervention and its limitations. As this writing is a conceptual paper, the method used primarily is based on library research, where references comprise extensive literature in the form of books, journal articles, relevant statutes, verses from the Quran and the traditions of the Prophet and his companions. It is found that, being the highest authority entrusted by Allah SWT to sustain the order of the community particularly the family institution, the state has the right to intervene in family matters by imposing both legal and non-legal mechanisms for the purpose of safeguarding the family as intended by Allah SWT. A number of justifications is highlighted in this paper to denote the discretionary power of the State in interfering in the family matters of its citizens. Universiti Teknologi Mara 2015 Article PeerReviewed application/pdf en http://irep.iium.edu.my/48102/1/journal_islamic_studies_uit%2C.pdf Saidon, Rafeah and Kamaruddin, Zaleha and Arifin, Mahamad and Ibrahim, Norliah and Sahari, Noorul Huda (2015) Justification for state intervention in family matters: an analysis from the context of islamic jurisprudence. Journal of Contemporary Islamic Studies, 1. pp. 33-49. ISSN 2289-9634 |
| spellingShingle | K Law (General) Saidon, Rafeah Kamaruddin, Zaleha Arifin, Mahamad Ibrahim, Norliah Sahari, Noorul Huda Justification for state intervention in family matters: an analysis from the context of islamic jurisprudence |
| title | Justification for state intervention in family matters: an analysis from the context of islamic jurisprudence |
| title_full | Justification for state intervention in family matters: an analysis from the context of islamic jurisprudence |
| title_fullStr | Justification for state intervention in family matters: an analysis from the context of islamic jurisprudence |
| title_full_unstemmed | Justification for state intervention in family matters: an analysis from the context of islamic jurisprudence |
| title_short | Justification for state intervention in family matters: an analysis from the context of islamic jurisprudence |
| title_sort | justification for state intervention in family matters an analysis from the context of islamic jurisprudence |
| topic | K Law (General) |
| url | http://irep.iium.edu.my/48102/1/journal_islamic_studies_uit%2C.pdf |
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