Matrimonial property plays an important role in achieving family stability and in building the society. Therefore, due attention must be given to the reality of the matrimonial property, how it is managed and the rules governing it when disputes about it arise to protect the financial rights of both spouses from any damage that can threaten the stability and development of the society. This study has a number of objectives that can bring about balance regarding the issue of matrimonial property, including: Reaching an accurate definition of matrimonial property, Laying down the rules and guidelines of matrimonial property, Clarifying the legal characterization of matrimonial property.
Domestic violence is one of the most common types of human violence prevalent since ancient times. Violence has increased in contemporary societies, its causes have varied, its forms and colours have varied, and its effects on our Islamic societies have begun to appear tangible. Domestic violence has become one of the most important contemporary family problems. Especially, with the increasing forms and types of increasing violence and the consequent adverse effects on the family and community stability. The Shariah has dealt with this violence that may cause the dissolution of the family and the disintegration of its foundations, so Islamic Shariah law has put in place the provisions and regulations that guarantee the protection, stability and survival of the family. Problem Statement: With the development of life and the emergence of various developments and contemporary issues, the issue of domestic violence between members of the same family has emerged on the social scene, which negatively affects the security and stability of society, which requires contemporary researchers and jurists to search for solutions to such problems that are exacerbated from time to time.
It is well known that women in pre-Islamic Jahiliyya and before Islam were practiced at all levels, so they were not a worthy thing, and society at that time did not recognize her any of the rights, whether they were moral or financial rights. Rather, they were bequeathed similarly to that as the goods that were inherited until Islam came and higher than that responded to their dignity and make them synonymous with the man he says (not Taatmnoa what is the virtue of God with one another for men's share, which gained for women's share, which gained and ask Allah of his bounty that God had knowledge of all things) women: 32, and the campus on Aladhar men and Adilha said Gel would (O ye who believe, do not you solve that women do not possess ing Tedlohn to go to some of Ateetmohn but come Pfahach indicating the interpretation of the meaning Ltamohn may be that you dislike a thing and Allah makes it much good) women: 19 This is for women in general, as for the wife, he has proven to her rights arising from marriage, such as the dowry, maintenance, clothing, pleasure, her right to inheritance after the death of the husband, and other rights that were dealt with in detail by the ancient jurists. As circumstances have changed, and in the past women are no longer content to sit at home and take care of the affairs of the husband and children. The woman went out to work and began to contribute to the financial burdens alongside her husband, in addition to that the emergence of women's rights associations that began to advocate for the right of women to share money with the husband. The beneficiary during the period of marriage and considering her work at home as a work that deserves a wage, and the emergence of legislation in some Islamic countries, such as Tunisia and Malaysia, for example, giving the wife the right to share with the husband the money collected during marital life, all of this prompted me to contribute to shedding light on this issue that was not addressed to it. The old jurists and I thought to shed light on the types of money gained during married life, and the ruling for each type is as follows: 1- Private funds for both spouses before the establishment of married life. 2- Funds obtained as a result of a partnership between the spouses 3- Funds obtained as a result of women working with men. 4- Funds obtained as a result of the woman working alone, excluding her unemployed husband. 5- Funds obtained by the husband only, without any direct participation of the woman in its collection. 6- Fatwas and legislations in some Islamic countries regarding this matter. The research was concluded with a conclusion that includes the most important findings and recommendations that the researcher sees.
Jointly acquired property is the property obtained during the marriage of a husband and wife as a result of their shared resources or efforts. However, in this era of digitilization, the claim form of jointly acquired property has changed from a purely physical property to an intellectual property. Therefore, the claim for jointly acquired property also involves the intellectual property of the married couple gained during the marriage period. Although jointly acquired property is an exclusive right of the husband and wife in a marriage, but this property claim can also be made by third parties other than the marriage couple. In fact, there is a fatwa (Islamic legal ruling) in the state of Kelantan that allowed such claim. As a sequence from this issue, this research aims to study the issue of intellectual property claim as a husband and wife jointly acquired property and analyze the issue of intellectual property claim as husband and wife jointly acquired property according to Islamic and legal perspective. This research is a qualitative research where the data were collected through the books of classical and contemporary Islamic jurisprudence literatures related to jointly acquired property in Islam, jointly acquired property fatwa (Islamic legal ruling) in the state of Kelantan and jointly acquired property cases in the Shariah Court. These data were then analyzed using a content analysis approach. The results of the research found that the Shariah Court took into account the facts and evidences of the case by the Plaintiff in deciding the claim and the rate of division of claims against jointly acquired property. In fact, it was also found that until now, there have been no cases related to intellectual property claims as jointly acquired property reported by the Syariah Court in Malaysia. The results of the research may provide guidance to the parties involved in the process of claiming jointly acquired property such as muftis, Sharie lawyers and judges in the Shariah Court in deciding the law related to intellectual property for cases involving jointly acquired property claims in Malaysia. Abstrak Harta sepencarian adalah harta yang diperolehi dalam masa perkahwinan seorang suami dengan isterinya hasil daripada sumber-sumber atau usaha mereka bersama. Namun begitu, pada era digitalisasi ini, bentuk tuntutan harta sepencarian telah berubah daripada harta yang bersifat fizikal semata-mata kepada harta yang berbentuk intelek. Oleh yang demikian, tuntutan harta sepencarian juga turut melibatkan harta intelek pasangan yang diperolehi dalam tempoh perkahwinan tersebut. Walaupun harta sepencarian adalah hak eksklusif suami isteri dalam perkahwinan, tetapi tuntutan harta sepencarian juga boleh dibuat oleh pihak ketiga selain daripada pasangan kepada perkahwinan tersebut. Malah, terdapat fatwa di negeri Kelantan yang membenarkan tuntutan sebegini. Urutan daripada ini, kajian ini bertujuan mengkaji isu tuntutan harta intelek sebagai harta sepencarian suami isteri dan menganalisis isu tuntutan harta intelek sebagai harta sepencarian suami isteri mengikut perspektif syarak dan undang-undang. Kajian ini adalah kajian berbentuk kualitatif di mana data dalam kajian ini dikumpul melalui kitab-kitab fiqh klasik dan kontemporari berkaitan harta sepencarian dalam Islam, fatwa harta sepencarian di negeri Kelantan dan kes-kes harta sepencarian di Mahkamah Syariah. Data-data ini kemudiannya dianalisis menggunakan pendekatan analisis kandungan. Hasil kajian mendapati bahawa Mahkamah Syariah mengambil kira fakta kes dan pembuktian kes oleh Plaintif dalam memutuskan tuntutan dan kadar pembahagian tuntutan terhadap harta sepencarian. Malah, didapati juga bahawa sehingga kini, tiada kes berkaitan tuntutan harta intelek sebagai harta sepencarian yang dilaporkan oleh Mahkamah Syariah di Malaysia. Hasil kajian yang dikemukakan dapat memberikan panduan kepada pihak-pihak yang terlibat dalam proses tuntutan harta sepencarian seperti mufti, peguam syarie dan hakim di Mahkamah Syariah dalam memutuskan hukum berkaitan harta intelek bagi kes-kes yang melibatkan tuntutan harta sepencarian di Malaysia.
One of the aims of Sharia is scientific research and exploration. Scientific investigation and zeal for this noble goal have been highlighted by Islamic scholars because it serves the general purposes of Islamic law. The study of Islamic law's aims is considered current scientific research. It is regarded as one of the most important types of research in all branches of science. As it is valid for all times and places, the Sharia got to the end of the celestial rules. From this point of view, the significance of scientific study emerges, as does the declaration of its legitimate aims, which would benefit science and scholars. The aim of this study is to identify the fact of scientific research, to underline the relationship between scientific research and legitimate purposes, and eventually to clarify the Sharia regulations in the context of contemporary scientific research. This study utilized a qualitative approach, collecting data from secondary sources and analysing it using the content analysis method. According to the findings, specific guidelines must be followed to ensure that Sharia's goals are met in contemporary scientific research. This research is beneficial to Islamic researchers, particularly in terms of retaining the aims of Sharia in their contemporary scientific research.
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