The elapse of muslim woman marriage in nonIslamic countries , between shariaa and law
Journal of college of Law for Legal and Political Sciences,
2015, Volume 4, Issue 12 part 1, Pages 205-239
Thanks to Allah that is praise good deeds prayer and peace be upon our prophet Muhammad is the right envoy ( peace be upon him ) and his family and companions Who enlighten the path of guidance ,
After the presentation of these Views and laws , either by Shariah scholars or jurists , we find it is appropriate to Supply the most important results that have been reached and praying to the Almighty that we have been sacksful in the narrative and highlight the needs of Muslims , both those who lived in Islamic or in non Islamic countries never the less but they considered his home and country .
1-That Shariah law should be applied in all areas of its territory , it is regional in its laws as a result of dividing it into Dar harib and Dar Islam .
2- Muslim judge should be assigned to resolve disputes among Muslims , and must be eligible .
3- Divorce considered the main factor of the collapse of the society and disintegration of the family , its effects are beyond the children who are the nucleus of society , but it is legislated to lift the injustice of couples who Keep the martial relationship
4- In Islamic law , the person who decides between Muslims in disputes , the Muslim judge , because judicatory is a kind of rule , and there is no rule on Muslim by the infidel .
5- Resorting to non Muslim judge for Muslim's who live in non-Muslim countries is something inevitable , and that after returning to the holder of Islamic Shariah in that country to Consider the matter and then put it between the hands of non-Muslim judge to demand what the lawmaker shows and cling to it .
6- the Muslim judge must judge by his law , whether the disputed parties , Muslims or non Muslim's , because Allah ordered saying "and in no way how we sent you except as a constant bearer of good tiding and constant warner to the whole of mankind , but most of mankind do not know " Saba" .
7- we Count make the non-Muslim judge to judge the Muslims by Islamic shariah , because he judges by positive law , which he knows in his country , this causes no harmful to Islamic society .
8- In order not be a conflict between laws , the Muslim judge must rule by Islamic law , even if the disputed parties are not Muslims and they accept to raise charges and they know that he judges according to his law , so the Muslim judge should not judge by positive law .
9- the attribution of rules known by shariah since old ages , according to statute , religion is the base , while in positive laws the nationality and home land .
10- The measure of new events over other one to get the same judgment is something inevitable.
11- The Criterion of attribution when attributing to the law which must be applied in Islamic shariah , is religion , but the Controller in law is nationality and homeland.
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