LAW familial
AL-ahwal ASY-SYAKHSIYYAH (LAW familial)
Al-Ash-Syakhsiyyah ahwal are laws pertaining to family issues, the new Islamic fiqh literature known in the mid-19th century. People who first used the term al-ahwal syakhsiyyah ash-Qudri Muhammad Pasha, an Egyptian Islamic law. He has done legal codification of fiqh, family law which he named al-Ahkam al-Syar'iyyah al-ahwal al-Syakhsiyyah. Codification of family laws drawn up that includes a discussion of the laws of marriage, testaments, ahliyyah (whether or not a person qualified to perform legal acts), property inheritance, and grants. Although this law has not officially declared valid, but the laws that have been codified by Qudri Pasa has been used as guidelines and applied in the Court Syar'iyyah Egypt. Verse 13 Book Session Law Courts of Egypt said that al-ash-syakhsiyyah ahwal authorized to settle disputes and problems related to personal issues, whether or not a person capable of taking legal action, and related laws, such as: making a proposal, marriage, rights and obligations of husband and wife, the dowry (mahr), regulations relating to the position of conjugal property, divorce, and consequently, the relations between children and their parents, the obligation to provide for relatives, and problems nasab someone, adoption of children, estate planning, guardianship, forgiveness, issues concerning the people who lost (al-mafqud), as well as issues related to inheritance. To issue grants, in Egypt and in most Arab countries do not include the authority of al-ahwal al-syakhsiyyah, while in other Arab countries included in the authority of al-ahwal al-syakhsiyyah. In subsequent developments, namely about the year 1934, issues concerning the endowments included in the authority of al-ahwal al-syakhsiyyah.
In the reign of the Ottoman Empire, appeared and the application of al-ahwal ash-syakhsiyyah as codification of family law issues starting in 1917 with the name Huquq al-Qanun al-Ottoman'A'ilah. This law applies to all Arab countries under Ottoman Empire rule (except for Egypt which has break away from Ottoman Turkish rule since Muhammad Ali Pasha ruled Egypt in 1805). Privileges Huquq al-Qanun al-Ottoman'A'ilah is that the laws contained in it are no longer tied to the Hanafi school, as the official state when it-but have a merging of the strongest opinion from the existing schools, with some changes in accordance with the development of society.
At first, Huquq al-Qanun al-Ottoman'A'ilah only covers problems related disputes marriage and divorce issues only. But in the implementation and further development in the Arab countries under Ottoman Turkish rule, there the changes and additions to its coverage area.
Al-Ash-Syakhsiyyah ahwal are laws pertaining to family issues, the new Islamic fiqh literature known in the mid-19th century. People who first used the term al-ahwal syakhsiyyah ash-Qudri Muhammad Pasha, an Egyptian Islamic law. He has done legal codification of fiqh, family law which he named al-Ahkam al-Syar'iyyah al-ahwal al-Syakhsiyyah. Codification of family laws drawn up that includes a discussion of the laws of marriage, testaments, ahliyyah (whether or not a person qualified to perform legal acts), property inheritance, and grants. Although this law has not officially declared valid, but the laws that have been codified by Qudri Pasa has been used as guidelines and applied in the Court Syar'iyyah Egypt. Verse 13 Book Session Law Courts of Egypt said that al-ash-syakhsiyyah ahwal authorized to settle disputes and problems related to personal issues, whether or not a person capable of taking legal action, and related laws, such as: making a proposal, marriage, rights and obligations of husband and wife, the dowry (mahr), regulations relating to the position of conjugal property, divorce, and consequently, the relations between children and their parents, the obligation to provide for relatives, and problems nasab someone, adoption of children, estate planning, guardianship, forgiveness, issues concerning the people who lost (al-mafqud), as well as issues related to inheritance. To issue grants, in Egypt and in most Arab countries do not include the authority of al-ahwal al-syakhsiyyah, while in other Arab countries included in the authority of al-ahwal al-syakhsiyyah. In subsequent developments, namely about the year 1934, issues concerning the endowments included in the authority of al-ahwal al-syakhsiyyah.
In the reign of the Ottoman Empire, appeared and the application of al-ahwal ash-syakhsiyyah as codification of family law issues starting in 1917 with the name Huquq al-Qanun al-Ottoman'A'ilah. This law applies to all Arab countries under Ottoman Empire rule (except for Egypt which has break away from Ottoman Turkish rule since Muhammad Ali Pasha ruled Egypt in 1805). Privileges Huquq al-Qanun al-Ottoman'A'ilah is that the laws contained in it are no longer tied to the Hanafi school, as the official state when it-but have a merging of the strongest opinion from the existing schools, with some changes in accordance with the development of society.
At first, Huquq al-Qanun al-Ottoman'A'ilah only covers problems related disputes marriage and divorce issues only. But in the implementation and further development in the Arab countries under Ottoman Turkish rule, there the changes and additions to its coverage area.
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