Hadiths About Marriage in Legal Reasoning Judges of Religious Courts in West Sumatra: Living Hadith Studies

نویسندگان

چکیده

<p class="abstrak">This study aims to clarify and examine the pattern of hadith narrations regarding marriage that are cited, authenticated, validated in legal reasoning religious court judges' rulings. This is a library takes form written living hadith. By using <em>takhrij al-hadith</em> approach, hadith's veracity confirmed, its applicability assessed perspectives techniques experts. Inductive then used process outcomes. Two methods citing history were discovered via research: template application directly book. Only five 22 cases subfield marriage, including marital dispensation, <em>wali</em> <em>'adhal</em>, divorce, determining parentage kid child's adoption, <em>Itsbat</em> include citations. The examples pertain seven histories fit criteria for Prophet Saw's hadiths. Four fully cited with sanad rawi, two only stated sanads differ from <em>rawi</em>, one quoted without <em>sanad</em> <em>rawi</em> (divorce case). Although it does not have implications lead annulment judge's decision, condition absence quoting as considerations copies decisions shows lack authority characterize Religious Courts.</p>

برای دانلود باید عضویت طلایی داشته باشید

برای دانلود متن کامل این مقاله و بیش از 32 میلیون مقاله دیگر ابتدا ثبت نام کنید

اگر عضو سایت هستید لطفا وارد حساب کاربری خود شوید

منابع مشابه

Common Knowledge in Legal Reasoning about Evidence

It is shown how tools of argument analysis currently being developed in artificial intelligence can be applied to legal judgments about evidence based on common knowledge. Chains of reasoning containing generalizations and implicit premises that express common knowledge are modeled using argument diagrams and argumentation schemes. A controversial thesis is argued for. It is the thesis that suc...

متن کامل

Grounds for ThE spECializaTion of CourTs and JudGEs in russia

This article touches upon the different ways of specialization of courts and judges that exist under the legislation of the Russian Federation. The lack of a unified and circumspect approach is noted. The formation of specialized courts, according to the national legislation, takes the form of their establishing within the existing subsystems of regular and arbitration courts. As for the specia...

متن کامل

Legal Uniformity in American Courts

Intercircuit splits occur when two or more circuits on the U.S. Courts of Appeals issue different legal rules about the same legal question. When this happens, federal law is applied differently in different parts of the country. Intercircuit splits are an indicator of legal non-uniformity, an impediment to lawyering and judging, and have real, practical consequences for American law. They are ...

متن کامل

The Position of Legal Ethics and Its Role in Reducing the Moral Damage of Judges

Background: In every job and profession, following ethical norms is a necessity. But in all professions, there is a possibility that the owners of words will do their work in a wrong way by deviating from the ethical norms. Meanwhile, some legal professions are among high-risk professions in terms of the possibility of moral harm. One of these groups are judges. This issue makes the need for mo...

متن کامل

Aspects of reductionism in religious studies

  Reductionism is a major methodological mistake in research and generally in thought; because it can pose as an obstacle to comprehensive views about the researched issue. This issue is more tangible in religious phenomena - due to the multidimensional entity of this subject – and can be more destructive. A researcher through focusing on one role and aspect of religion and concentrating on a ...

متن کامل

ذخیره در منابع من


  با ذخیره ی این منبع در منابع من، دسترسی به آن را برای استفاده های بعدی آسان تر کنید

ژورنال

عنوان ژورنال: Jurnal Fuaduna

سال: 2022

ISSN: ['2614-8137', '2614-8129']

DOI: https://doi.org/10.30983/fuaduna.v6i1.5415