The purposes of Sharia and its impact on family rulings

Author

College of Law and Judicial Studies - Department of Judicial Studies, University of Jeddah - Saudi Arabia

Abstract

This research dealt with the purposes of Islamic Sharia and its impact on the provisions of the family, and it came in a preface, two chapters, and a conclusion: As for the first topic: it dealt with the purposes of Islamic Sharia in the family, and this came in four demands: the first requirement: the preservation of offspring and the survival of the human species, by legislating the marriage contract, the second requirement: preserving the lineage, and the third requirement: distinguishing the marriage contract in Islam from the pre-Islamic marriage And the like, and the fourth requirement: Among the aims of the Lawgiver is the perpetuation of the marriage contract between spouses, and the achievement of affection and mercy. In the second topic, I dealt with the purposes of Sharia regarding the bonding of lineage and affinity in the family, and this came in three demands: The first requirement: the law’s intent to preserve the lineage of children, ensuring their well-being, and fulfilling their rights, the second requirement: the legislator intended for children to fulfill the rights of their parents, demonstrating the merits of Sharia, the demand The third: the purposes of the Shari’a in the ties of kinship and in-laws. Among the most important findings it reached: that the purposes of Sharia in the family included all its components, starting with the spouses and their union with each other, then organizing their marital life after the marriage contract, then taking care of the children and organizing all their affairs, then taking care of the parents and fulfilling their rights, then being kind to relatives from Ancestry and in-laws. The family bond is one of the strongest bonds that make up society, as it represents the first and basic building block in the formation of societies. Among the purposes of the Shari’a in the rulings of the family, some of them are considered essentials, such as the guardian of lineage and lineage, and some are considered a pilgrim, complementary, original, or subordinate to these two purposes, with a difference in their strength and the consideration of the legislator and his observation of them in the provisions.

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