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Colleges

Family Jurisprudence (2)

Course Description: (The contract of marriage and its related rulings, the reality of numerical (marriage) and mourning periods, and purification periods and their rulings, the reality of nursing, and the rulings on alimony and child custody).
Credits: 2
Objectives of the course :

Upon completion of the course, the student will be able to:
– Explanation of the terms Khul, Talaq, Iilaa, Zhaar, 'Iddah, Li'an, Radaa', and Hadaanah.
– Mention the jurisprudential rulings on Khul', divorce, Ila', Zihar, Iddah, Lian, breastfeeding, and custody.
- Forming jurisprudential expertise that enables the deduction of Islamic rulings on Khul', divorce, Ilā', Ẓihār, 'Iddah, Li'ān, breastfeeding, and child custody, and applying them to actual cases.
– Demonstrating etiquette and skills in dealing with those who disagree on controversial issues.
– Utilizing modern technology to access information on course matters.

Course outputs :

Knowledge and understanding:
1. Define the terms and concepts of Khul', Talaq (divorce), Iyla', Dhihar, 'Iddah (waiting period), Li'an, Rida' (milk-kinship), and Hifdh (custody).
2. To mention the evidence and jurisprudential rulings for khul', divorce, ila', dhihar, iddah (waiting period), li'an, breastfeeding, and custody.
3. To describe the scientific research methodology for studying jurisprudential issues in matters of marriage dissolution, nursing, and child custody.
4. To explain the evidence for the legal rulings on khul', divorce, ila', zihar, the waiting period ('iddah), li'an, breastfeeding, and custody.
Skills:
To apply the skills of textual exegesis and interpretation in establishing and understanding evidence in matters related to marriage, custody, and breastfeeding.
To deduce the legal rulings for khul', divorce, iilaa', dhihaar, 'iddah, li'an, suckling, and custody from their detailed evidences.
3. Apply the jurisprudential rulings on Khul', divorce, Ila', Zihar, waiting periods, Lian, breastfeeding, and guardianship to specific cases.
Values, autonomy and responsibility:
1. Adhering to Islamic ethics, social, professional, and academic values, and the etiquette of disagreement.
2 - Bear the assigned responsibility professionally and independently.
3- Work collaboratively and effectively as a team.

Additional information:

Course Topics:
Khul': Its meaning, ruling, classification, conditions for validity, when it is permissible, its verbal and practical formulations, and the rulings on its consideration.
Annulment: Its Meaning, the Difference Between It and Divorce and Khul', and Its Rulings.
Divorce: Its Meaning, Ruling, Wisdom, Conditions of Validity, and Explicit and Implicit Formulas.
Sunnah Divorce and Bid'ah Divorce: Their Meanings and Rulings.
The number of divorces varies.
The difference between consummated infidelity and unconsummated infidelity in divorce.
The suspension of divorce and its oath, and the rulings of each.
Doubt about divorce.
Exceptions in divorce and their rulings.
Return: its meaning, conditions, ruling, how it is achieved, and its ruling.
Judicial Divorce: Its Meaning, When It Occurs, and Its Rulings.
Ila': Its meaning, conditions, wording, duration, and effects.
Zihar: Its meaning, ruling, conditions, formulas, and the rulings resulting from Zihar.
The expiation for *Zihar*.
Cursing: its meaning, ruling, conditions for its occurrence, and its consequences.
How to perform Li'an and its wording.
Conditions for negating paternity through imprecation.
Tracing lineage.
Methods of proving lineage: physiognomy, resemblance, medical analysis.
Contemporary evidence in establishing or denying paternity and its implications.
The lineage of an illegitimate child and his legal acknowledgment.
The `Iddah`: its meaning, the wisdom behind its legislation, the types of `Iddah`, and the ruling for each type.
The wife who is not in her waiting period.
The rulings concerning a woman with whom intercourse occurred under a misconception and similar cases.
Mourning: Its meaning, ruling, the wisdom behind its legitimacy, and who it applies to?
Things avoided by a barber.
The place of mourning for a widow and the justifications for her leaving it.
Istibra': Its meaning, ruling, and who is obligated by it?
How to perform istibra' for a woman who is menstruating and a woman who is pregnant.
Breastfeeding: Its Meaning and Conditions.
The spread of prohibition by breastfeeding.
If a person corrupts a woman's marriage through breastfeeding.
Cases of doubt regarding breastfeeding, and their rulings.
The effects of breastfeeding on nullifying marriage.
Parental responsibility for breastfeeding a child.
Milk Banks: Their Meaning and Ruling.
Spousal support: its meaning, what it includes, its ruling, the reason for its obligation, and its forms.
The amount due for maintenance.
Conditions for the Obligation of a Wife's Maintenance.
The alimony of a revocable divorcee, an irrevocable divorcee, and a widow.
Wife's maintenance if she is disobedient, or if the husband is insolvent, or absent.
Alimony for the wife.
Who is obligated to provide support for relatives and their ranks.
Conditions for the obligation to provide maintenance for relatives.
How to estimate alimony for relatives.
Mamluk stipends.
Care for animals, and Islam's precedence in this regard.
Custody: Its meaning, ruling, conditions, order of entitlement, and whether it is a right of the child or not?
The one most entitled to custody after the age of seven for a male and female.
Obstacles to custody and its waivers

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