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Fiqh

The concept of "Al-ahwol ash-shahsiyyah"

14:05 / 14.10.2019 2427 Reading mode + -

It is appropriate to translate this term as “personal circumstances”. In fiqh terms, concepts and judgments that regulate family relationships are called "Al-ahwol ash-shahsiyyah". It includes rules for, marriage, mahr, wife's duties and incumbencies, childbreastfeeding, talaq, divorce by Qadi, custody to the child, inheritance, bequest and waqf.

In the old days there was no such concept as "Al-ahwol ash-shahsiyyah". All the laws were mixed. The concept of "Al-ahwol ash-shahsiyyah" first appeared in Italy in the twelfth century. At that time, they had mixed problems with general laws and local laws, and there was a problem of "conflict of laws." Whereas the common law consisted of Roman laws, local laws were traditionally applicable to certain persons.

Local laws later became started to call as the "hol" (status). It was divided into two parts, the first was for property and the second for individuals. Eventually, the laws of personal communication became called as "Al-ahwol ash-shahsiyyah" and were used in other Western countries.

In the Islamic world, "Al-ahwol ash-shahsiyyah" was first implemented in Egypt in the legal form. This law was passed by the Supreme Court in 1920, 1922, 1923 and on June 21, 1934. Later, the law was amended in terms of some. Of course, all of these laws were derived from Shari'a rules.

We can give an example of the book "Al-ahwol ash-shahsiyyah" by the famous Egyptian scholar Muhammad Abu Zahra. The first edition of the book was released in 1948.

Sheikh Muhammad Abu Zahra in his book "Al-ahwol ash-shahsiyyah" tried to describe every issue in detail. He cited documents and evidence. Apart from the four respectable madhhabs, he also quoted the citations of other Madhhabs. He also mentioned which one was the strongest. At the end of each debate, he also mentioned what judgment was adopted in the Egyptian Law on "Al-ahwol ash-shahsiyyah".

The third edition of the book "Al-ahwol ash-shahsiyyah" was made in 1957 by "Al-Fikrul Arabi" publishing house.

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