The Principles of Muhammadan Jurisprudence According to the Hanafi Maliki Shaf

Cover The Principles of Muhammadan Jurisprudence According to the Hanafi Maliki Shaf
The Principles of Muhammadan Jurisprudence According to the Hanafi Maliki Shaf
Abdur Rahim
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As for the other prevalent practices and institutions of the people which did not come up to the ideal of Islam, the positive law places such restrictions, limitations and conditions on them as are calculated to remove the existing abuses. That this is so would seem to be especially clear from a comparison of the provisions of the Muhammadan law relating to family life and also those relating to torts and crimes with the customs which in such matters prevailed in Arabia and most other parts of ...the world at the time of the pro- mulgation of Islam. It also follows from the above theory regarding marriage that the husband has a right to dissolve the marriage as by such dissolution he only gives up his own right. But as marriage is founded on contract and the above rights of the husband arise by implication of such contract, it is open to a woman at the time of marriage or subsequently thereto to stipulate for their curtailment or to get some of them transferred to herself, such as the right to dissolve the marriage.

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