The influence of the Shāfi’ī school of Muslim law on marriage and divorce in the Malay Peninsula: with special reference to the State of Trengganu
Abstract
It is generally understood that nearly all Malay
Muslims in the Malay Peninsula are followers of the
school of al-Imäm al-Shäfi'i in the field of Islamic
Firth or Law. Fiqh is the science of the knowledge of one's rights
and obligations as derived from the Qur'än or the
Tradition of the Prophet Muhammad, or deduced
There from, or about which the Muslim learned have
agreed.
The influence of this school of Law (al-madhhab)
seems to have gained its ground in the Malay Peninsula
following the successful introduction of the religion
of Islam.
So, it is essential, firstly, to unveil the hidden
history of the coming of this religion to this part
of the world and to illustrate broadly, the background
of the formation of the four orthodox schools in
interpreting the Muslim Law, before dealing directly
with the Shäfi'i influence.
It seems proper to do so because the former is like
the root of a tree itself, while the latter is its
branch.
It is also possible to observe in certain of the
customary attitudes to all questions of marriage and
divorce the underlying influences of surviving native
customary principles (Adat). These will be referred
to in the course of this study whenever they have a
degree of relevancy and where material is available.
Type
Thesis, PhD Doctor of Philosophy
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