4.4 Application for Injunction Against the Husband
It is to be noted that a husband is required to treat his wife with kindness whether by action or by speech in compliance to the Quran . Al-Qurtubi (d.1273) has also quoted that a husband’s obligations towards his wife is to pay dower and maintenance to his wife, not frowning his wife for no reason, not speaking to his wife in a harsh manner and not to disclose his tendency to other woman other than his wife . Hence, using the Quranic verses , the Islamic jurists consider husband as the leader of the household to his wife and children . This indicates that the law allows the husband with the full access and authority over his family and no one has the right to deny it. In fact, whoever that …show more content…
It acting as an antidote to literalism and provides Islamic law the necessary means with which to encourage flexibility and growth so as to generate a better solution in order to get a more harmonised results. There is modern jurists that mentioned maslahah as one of the proofs to invoke Istihsan in the field of Islamic jurisprudence. It is invoked when the application of the general legal rule causes inconvenience to be adapted to the modern society and results in undesirable results. It is an instrument of change and adaptability in the Islamic jurisprudence where it encourages and promotes the values of equity and fairness in legal reasoning. There is no exact authority of Istihsan as it is not specifically stated in neither Quran nor Sunnah. Yet, there is several verses in Quran that can be quoted in supporting the validity of Istihsan. Surah Az Zumar, verse 18 (39:18) , had stated:
“Who listen to speech and follow the best of it. Those are the ones Allah has guided and those are people of understanding”
Where it can interpreted as it allow people who understand the rationale of the rules thoroughly to apply Istihsan in implementing the law, for example, the jurists. While Surah Az Zumar, verse 55 (39:55) provided …show more content…
In Hadith, “La darara wa la dirar fil Islam” has quoted to support the validity of Istihsan. It means no harm shall be inflicted or reciprocated in Islam. To conclude, it can be said that whatever that is considered good for the Muslims is also good in the view of God. The concept of Istihsan has been applied in cases of theft where the punishment of cutting off of the hands had been suspended so as to cope with the changing needs of the society and be replaced with other punishment. Besides, the methods of proof for evidence had extend to documentary evidence, photography, sound recording and medical reports. The Muslims who work as nurse and doctor are allowed to look at other’s private part for medical treatments and who seek for medical treatment may expose their private part to the doctor for body checking
It is to be noted that a husband is required to treat his wife with kindness whether by action or by speech in compliance to the Quran . Al-Qurtubi (d.1273) has also quoted that a husband’s obligations towards his wife is to pay dower and maintenance to his wife, not frowning his wife for no reason, not speaking to his wife in a harsh manner and not to disclose his tendency to other woman other than his wife . Hence, using the Quranic verses , the Islamic jurists consider husband as the leader of the household to his wife and children . This indicates that the law allows the husband with the full access and authority over his family and no one has the right to deny it. In fact, whoever that …show more content…
It acting as an antidote to literalism and provides Islamic law the necessary means with which to encourage flexibility and growth so as to generate a better solution in order to get a more harmonised results. There is modern jurists that mentioned maslahah as one of the proofs to invoke Istihsan in the field of Islamic jurisprudence. It is invoked when the application of the general legal rule causes inconvenience to be adapted to the modern society and results in undesirable results. It is an instrument of change and adaptability in the Islamic jurisprudence where it encourages and promotes the values of equity and fairness in legal reasoning. There is no exact authority of Istihsan as it is not specifically stated in neither Quran nor Sunnah. Yet, there is several verses in Quran that can be quoted in supporting the validity of Istihsan. Surah Az Zumar, verse 18 (39:18) , had stated:
“Who listen to speech and follow the best of it. Those are the ones Allah has guided and those are people of understanding”
Where it can interpreted as it allow people who understand the rationale of the rules thoroughly to apply Istihsan in implementing the law, for example, the jurists. While Surah Az Zumar, verse 55 (39:55) provided …show more content…
In Hadith, “La darara wa la dirar fil Islam” has quoted to support the validity of Istihsan. It means no harm shall be inflicted or reciprocated in Islam. To conclude, it can be said that whatever that is considered good for the Muslims is also good in the view of God. The concept of Istihsan has been applied in cases of theft where the punishment of cutting off of the hands had been suspended so as to cope with the changing needs of the society and be replaced with other punishment. Besides, the methods of proof for evidence had extend to documentary evidence, photography, sound recording and medical reports. The Muslims who work as nurse and doctor are allowed to look at other’s private part for medical treatments and who seek for medical treatment may expose their private part to the doctor for body checking