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- Title
الأحكام البدلية في مسائل الأحوال الشخصية نماذج دراسية فقهية مقارنة بقانون الأحوال الشخصية الأردني لسنة 2010م.
- Authors
المغايره, نبيل محمد
- Abstract
This research investigates the subject of alternative rules in matters related to personal status in comparison with the new Jordanian personal status law as a pattern. It aims at explaining the meaning of alternative rules, their various kinds, and applications in the Jurisprudence of personal status. It also shows the extent to which the new Jordanian law considered such rules. The study also presents the preventive, curative and functional roles played by such rules in matters of personal status. The study has found that there are many applications for the alternative rules in matters of personal status. It has also shown the role played by the alternative rules in the new Jordanian personal status law. The study has recommended a set of recommendations: it is very important for judges to consider the alternative rules and their applications in judicial proceedings. This should be done in the light of the purposes of Islam, and which party deserves applying the alternative rules, and the preventive, curative and functional roles played by such rules in matters of personal status.
- Subjects
JURISPRUDENCE; ISLAMIC law; SOCIAL status; ISLAM; CRIMINAL procedure; ISLAMIC courts
- Publication
Dirasat: Shar'ia & Law Sciences, 2013, Vol 40, Issue 1, p295
- ISSN
1026-3748
- Publication type
Article