الإكراه على الزواج في جمهورية طاجكستان بين المذهب الحنفي والعرف : دراسة مقاصديّة تقويميّة /
This research deals with the phenomenon of forced marriage in the southern region of the Republic of Tajikistan. The study discusses the foundation of coercion and its types. Then, it highlights and discusses the Hanafī jurists' view on the effects of coercion on marriage, along with the exege...
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| Main Author: | |
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| Format: | Thesis |
| Language: | Arabic |
| Published: |
Kuala Lumpur :
Kulliyah of Islamic Revealed Knowledge and Human Sciences, International Islamic University Malaysia,
2017
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| Subjects: | |
| Online Access: | http://studentrepo.iium.edu.my/handle/123456789/8371 |
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| Summary: | This research deals with the phenomenon of forced marriage in the southern region of the Republic of Tajikistan. The study discusses the foundation of coercion and its types. Then, it highlights and discusses the Hanafī jurists' view on the effects of coercion on marriage, along with the exegetes' interpretation of the verse of 'adl (legal guardian's prevention) in the context of coercion to marry. In the last chapter, the researcher analyses the interviews which he has conducted among a targeted sample from Tajikistan. The study used the inductive method involving the Hanafī jurists' articulation of forcing daughters to marry suitors. It also has applied the analytical method to analyse the Hanafī school's position on forced marriages. It has also used interviews to identify the causes of forced marriage with the purpose of remedying them based on the objectives of the Shari'ah. The study finds that the main causes of forcing women to marry in the south of Tajikistan are ignorance, tribal feelings, poverty and civil wars. To mitigate the problem, the study proposes a number of measures which includes cultural awareness campaigns among parents and prospective suitors, respecting the country's existing laws on forced marriage, enacting more deterrent laws to prevent forced marriages and improving economic conditions in Tajikistan. The study shows that these proposed measures have maqasidic dimension through which the expected objectives of reducing the spread of this phenomenon could be realized. |
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| Physical Description: | [xi], 91 leaves ; 30cm. |
| Bibliography: | Includes bibliographical references (leaves 68-77). |