KnE Social Sciences
ISSN: 2518-668X
The latest conference proceedings on humanities, arts and social sciences.
The Effect of the Provisions of the Marriage Contract in Achieving the Purpose of Justice According to the Qur'anic Perspective
Published date: Mar 13 2023
Journal Title: KnE Social Sciences
Issue title: Third International Conference on Human Sciences
Pages: 1–25
Authors:
Abstract:
It has not been said to the Messengers before you that your Lord is a wielder of forgiveness and painful punishment .(43) It has been detailed that in order for such a law to have the characteristics of its sources, it must be characterized by the attributes of perfection and precision in its provisions, so that it is based on achieving and complementing the interests of the people, as well as warding off and minimizing evil for them. Al-Baqarah: ,185 and one of the manifestations of His mercy, Glory be to Him, is that He made the goal of justice among the purposes that are realized by the provisions that characterize this noble Sharia. ``Indeed, God commands justice and kindness and giving to kin and forbids immorality, evil, and transgression against you''. An-Nahl: ,90 until life is straight and sweet, and this justice is sought by the reader and researcher in the details of the Sharia provisions, whether in worship or in contracts and transactions, and as a succession of divine proofs that this Sharia is valid for all times and places, and capable of refuting fabrications of falsehoods and spoiler suspicions. To give solutions to the biggest dilemmas and challenges facing humanity in its journey on this earth, so we can find this justice clearly in the provisions related to marriage, whose legitimacy is intended, as it makes the obligated person in a state of tranquility while he responds to the call of instinct, and satisfies his instinct with an outlet that God and his law made for them, which is marriage. And He forbade them fornication and incest, "And those who are to guard their private parts" .(29) Except against their spouses or what any of their oaths contain, they cannot be blamed .(30) So, whoever seeks after that, then those are the transgressors .(31) Al-Maarij: and through the provisions of marriage, we can establish a family of peace, affection, and mercy, and all of this comes through activating the purpose of justice, whose provisions emphasize the need for the family entity to be established on it. Between the spouses, the provisions of legal guardianship and discipline and polygamy for wives through a jurisprudential study based on the sources and references of the four schools of jurisprudence and intentional books, emphasizing their role in achieving and nurturing the goal of justice in a manner distinguished by refuting the suspicions of those who follow their desires and want to destroy this divine structure, which is one of the great signs in which He was grateful to his creation.
Keywords: impact, provisions, marriage contract, justicetrace, Provisions, The marriage contract, The marriage contract, Justice
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