Proceedings of the 1st Raden Intan International Conference on Muslim Societies and Social Sciences (RIICMuSSS 2019)

Contestation Between Islamic Authority and Local Culture in Marriage Law in Jordan

Authors
Jayusman, Oki Dermawan, Mahmudin Bunyamin, Sudarman
Corresponding Authors
Jayusman, Mahmudin Bunyamin
Available Online 13 November 2020.
DOI
10.2991/assehr.k.201113.056How to use a DOI?
Keywords
Jordanian marriage law, maslahat, marriage law
Abstract

The treasure of Mazhab Fiqh (the school of thoughts in Islamic jurisprudence) is somewhat difficult to accommodate the legal conditions of modern Islamic marriage. The new law must accommodate the benefit of life, which is the aim of Islamic law reconciliation, in the present time. Marriage law in Jordan also does not fully adhere to the majority of mazhab fiqh in the country. However, many maslahat (public common welfare) have accommodated their values. The focus of this study is to study the marriage law in Jordan and the dynamics of Islam and local culture in marriage law in Jordan. This study concludes the following. In the renewal of marriage law in Jordan, it still maintains the maqāsid al-syarī’ah (the goal of Islamic law) for the achievement of the benefit of the law and rejects harm. Jordanian family law is inseparable from the local wisdom that is owned and institutionalized in the community. Renewing marriage law in Jordan is done with the principle of preserving an existing law or regulation that is considered good, and developing it with a better law or better regulation. The law of modern Islamic marriage is suitable for every era and place.

Copyright
© 2020, the Authors. Published by Atlantis Press.
Open Access
This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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Volume Title
Proceedings of the 1st Raden Intan International Conference on Muslim Societies and Social Sciences (RIICMuSSS 2019)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
13 November 2020
ISBN
10.2991/assehr.k.201113.056
ISSN
2352-5398
DOI
10.2991/assehr.k.201113.056How to use a DOI?
Copyright
© 2020, the Authors. Published by Atlantis Press.
Open Access
This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

Cite this article

TY  - CONF
AU  - Jayusman
AU  - Oki Dermawan
AU  - Mahmudin Bunyamin
AU  - Sudarman
PY  - 2020
DA  - 2020/11/13
TI  - Contestation Between Islamic Authority and Local Culture in Marriage Law in Jordan
BT  - Proceedings of the 1st Raden Intan International Conference on Muslim Societies and Social Sciences (RIICMuSSS 2019)
PB  - Atlantis Press
SP  - 294
EP  - 298
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.201113.056
DO  - 10.2991/assehr.k.201113.056
ID  - 2020
ER  -