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- Title
احلِيَلُ الّيت يستخدمها فلسطينيو الداخل لإلفالت من عقوبة تعدُّد الزّوجات وموقف الفقه اإلسالمي منها.
- Authors
سامي جراد أبو فري
- Abstract
The research reviewed the concept of tricks and the opinions of the Islamic jurists on tricks; it also discussed the Islamic jurisprudence evidences on such tricks with Al-tarjīh (i.e., a scientific method which shows the most genuine evidence). Furthermore, the study explored the methods and tricks that the 48-Palestinians use to evade the punishment of polygamy in addition to the position of Islamic jurisprudence on such tricks and methods, especially due to its overspread. The 48- Palestinians take several tricks to circumvent the Israeli law which in turn works to restrict and prevent polygamy. The researcher obtained two approaches to reach a solution to the research problem, including: the descriptive-analytical approach in highlighting the tricks that Palestinians resort to inside the Palestinian territories to confront Israeli laws. Moreover, the researcher used content analysis in which some primary resources were analyzed to access integrated information, to touch the reality experienced by the Muslim minority inside the Palestinian interior. The study concluded to many results, the most important are: God - the Almighty - urged people to the documentation of contracts in general, and especially the marriage contract, because documenting it achieves the interests and ward off evils. The research resorted to implement the marriage of the mistress with its conditions and pillars that guarantee the right of women. Resorting to such marriages enable the 48-Palestinians to circumvent the Israeli law. It is recommended that the need to circumvent Israeli laws in general, to preserve the demographic status of the Palestinians. Likewise, It is necessity for Muslims - when circumventing laws - to refer to Islamic law to find out the extent of its prohibition.
- Subjects
PRENUPTIAL agreements; MUSLIMS; ISLAMIC law; WOMEN'S rights; SCIENTIFIC method; POLYGAMY
- Publication
IUG Journal of Sharia & Law Studies, 2023, Vol 31, Issue 2, p153
- ISSN
2616-2148
- Publication type
Article
- DOI
10.33976/IUGJSLS.31.2/2023/8