Contestation Between Islamic Authority and Local Culture in Marriage Law in Jordan
- DOI
- 10.2991/assehr.k.201113.056How to use a DOI?
- Keywords
- Jordanian marriage law, maslahat, marriage law
- Abstract
The treasure of Mazhab Fiqh (the school of thoughts in Islamic jurisprudence) is somewhat difficult to accommodate the legal conditions of modern Islamic marriage. The new law must accommodate the benefit of life, which is the aim of Islamic law reconciliation, in the present time. Marriage law in Jordan also does not fully adhere to the majority of mazhab fiqh in the country. However, many maslahat (public common welfare) have accommodated their values. The focus of this study is to study the marriage law in Jordan and the dynamics of Islam and local culture in marriage law in Jordan. This study concludes the following. In the renewal of marriage law in Jordan, it still maintains the maqāsid al-syarī’ah (the goal of Islamic law) for the achievement of the benefit of the law and rejects harm. Jordanian family law is inseparable from the local wisdom that is owned and institutionalized in the community. Renewing marriage law in Jordan is done with the principle of preserving an existing law or regulation that is considered good, and developing it with a better law or better regulation. The law of modern Islamic marriage is suitable for every era and place.
- Copyright
- © 2020, 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/).
Cite this article
TY - CONF AU - Jayusman AU - Oki Dermawan AU - Mahmudin Bunyamin AU - Sudarman PY - 2020 DA - 2020/11/13 TI - Contestation Between Islamic Authority and Local Culture in Marriage Law in Jordan BT - Proceedings of the 1st Raden Intan International Conference on Muslim Societies and Social Sciences (RIICMuSSS 2019) PB - Atlantis Press SP - 294 EP - 298 SN - 2352-5398 UR - https://doi.org/10.2991/assehr.k.201113.056 DO - 10.2991/assehr.k.201113.056 ID - 2020 ER -