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
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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.
Thesis, PhD Doctor of Philosophy