al-Masa'il al-Fiqhiyya al-Mustajidda fi al-Nikah ma Bayyan ma Akhadh bihi al-Qanun al-Kuwayti

al-Masa'il al-Fiqhiyya al-Mustajidda fi al-Nikah ma Bayyan ma Akhadh bihi al-Qanun al-Kuwayti ("Contemporary Jurisprudential Issues in Marriage with Clarification of What Kuwaiti Law Has Adopted") is a comparative Islamic legal study by Badr Nasir Mishra al-Subayi that examines modern developments in marriage and betrothal alongside the statutory positions of Kuwaiti law al-Masa'il al-Fiqhiyya al…+1.

Origin and Publication

The work originated as a master's thesis in comparative jurisprudence and legal theory (al-fiqh al-muqaran wa usul al-fiqh) defended at the College of Graduate Studies at Kuwait University on 1 Sha'ban 1433 AH (21 June 2012 CE), where it received an excellent grade with honors al-Masa'il al-Fiqhiyya al…. It was subsequently published as a single volume in Kuwait by the Ministry of Awqaf and Islamic Affairs (Cultural Affairs Sector) in 1435 AH (2014 CE) as the 76th installment in the book series of the journal Majallat al-Wa'y al-Islami al-Masa'il al-Fiqhiyya al….

Scope and Methodology

The author prepared the work to address contemporary legal questions (nawazil) arising from modern social changes and advances in telecommunications, noting that contemporary legal research had focused disproportionately on acts of worship and commercial transactions rather than personal status al-Masa'il al-Fiqhiyya al….

The methodology of the book rests on several principles:

• Drawing material from classical Islamic legal works where available, and from contemporary jurists otherwise, while identifying corresponding statutory rulings in Kuwaiti law or noting the absence of explicit legislation al-Masa'il al-Fiqhiyya al…+1.
• Presenting evidence from scriptural texts and reasoning, discussing juristic disagreements, and stating the preferred view (al-tarjih) al-Masa'il al-Fiqhiyya al….
• Deriving rulings on unprecedented questions by analogy (takhrij) to similar classical legal branches when explicit precedents are absent al-Masa'il al-Fiqhiyya al….
• Documenting Prophetic hadiths by relying on Sahih al-Bukhari and Sahih Muslim when present therein, or evaluating their authenticity from other collections al-Masa'il al-Fiqhiyya al….
• Providing biographical notes for named figures, excluding prominent Companions and the eponyms of the four Sunni schools of law al-Masa'il al-Fiqhiyya al….

Structure and Contents

The book is structured into an introduction, a preliminary section, two main chapters, and a conclusion al-Masa'il al-Fiqhiyya al…:

• Preliminary Section (al-Tamhid): Divided into two parts: the linguistic and technical definitions of the terms in the book's title (al-masa'il, al-fiqh, al-mustajidda, and al-nikah, including its legal definition in Kuwaiti law), and the legality, ruling, and wisdom of marriage in Islam al-Masa'il al-Fiqhiyya al…+1.
• Chapter One (al-Fasl al-Awwal): Covers contemporary issues in engagement (al-khitba). The first part discusses matters prior to formal engagement, including women advertising for marriage through modern communication media, viewing prospective brides via photograph or the Internet, conversing or corresponding with prospective brides via phone or Internet, and engagement parties al-Masa'il al-Fiqhiyya al…. The second part addresses matters following engagement, specifically the legal status and return of the engagement gift (al-shabka) in jurisprudence and Kuwaiti law, as well as the pros, cons, and legal rulings surrounding premarital medical screening al-Masa'il al-Fiqhiyya al…+1.
• Chapter Two (al-Fasl al-Thani): Explores eight contemporary forms and contexts of marriage contracts, defining each, comparing it with standard Islamic marriage, and presenting its legal ruling and status under Kuwaiti law:
  1. Contracting marriage over the Internet al-Masa'il al-Fiqhiyya al…+1.
  2. Marriage contracted for the purpose of acquiring material benefits al-Masa'il al-Fiqhiyya al…+1.
  3. Customary marriage (al-zawaj al-'urfi) al-Masa'il al-Fiqhiyya al…+1.
  4. Friend marriage (zawaj al-friend) al-Masa'il al-Fiqhiyya al…+1.
  5. Tourism marriage (al-zawaj al-siyahi) al-Masa'il al-Fiqhiyya al…+1.
  6. Civil marriage (al-zawaj al-madani) al-Masa'il al-Fiqhiyya al…+1.
  7. Misyar marriage (zawaj al-misyar) al-Masa'il al-Fiqhiyya al…+1.
  8. Marriage contracted through Islamic centers for Muslim minorities abroad al-Masa'il al-Fiqhiyya al…+1.
• Conclusion (al-Khatima): Summarizes the principal findings and recommendations of the study, followed by indexes al-Masa'il al-Fiqhiyya al…+1.