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Colleges

Contemporary Issues in Personal Status Jurisprudence

Course Description: To define the intended meaning of contemporary jurisprudential issues in the fiqh of personal status, and how to conceptualize them and apply the Sharia ruling to them in light of the principles of Islamic jurisprudence.
Credits: 2
Objectives of the course :

Define the student with contemporary jurisprudential issues in personal status jurisprudence.
- Equipping the student with the skill of jurisprudential derivation for contemporary issues in personal status jurisprudence, and how to present them and search for their ruling in light of Islamic jurisprudence rules.
– Deriving contemporary rulings in personal status law from the principles of jurisprudential schools of thought
Weighing the different scholarly opinions on jurisprudential matters where there is disagreement.

Course outputs :

Knowledge and understanding:
1- To clarify the jurisprudential rulings on contemporary issues.
Skills:
1. To portray contemporary jurisprudential issues and incidents in personal status law as they truly are.
2. To derive jurisprudential rulings on contemporary issues and events in the fiqh of personal status.
3. To deduce Islamic legal rulings on contemporary personal status issues and incidents.
4. To link the study of contemporary jurisprudential issues in personal status law with the objectives of Islamic Sharia.
5. To discuss jurisprudential opinions and their evidence in controversial issues within the jurisprudence of personal status.
Values, autonomy and responsibility:
1- Demonstrate Islamic principles and values in jurisprudential disagreement and dialog with others.
2- Practicing and managing teamwork efficiently and effectively.
3- Utilize technical, mathematical and numerical skills in jurisprudential matters and scientific research.
4- Write a jurisprudential research paper according to the scientific research methodology.

Additional information:

Course Topics:
– Rooting personal status issues.
– Mandatory medical examination upon marriage.
The marriage contract via modern communication means.
- The jurisprudential impact of sex change (marriage, affinity, religious duties).
– Invitation to the wedding feast via cards and modern communication methods.
The impact of contemporary variables on the marriage of non-Muslim women.
– Wedding ceremony in the church.
– The legality of marriage in non-Muslim countries.
Contemporary Marriage Contracts (Misyar Marriage – Marriage with the intention of divorce – Summer “tourist” marriage – Friend marriage – Temporary marriage with procreation.
The Impact of Contemporary Variables on Marital Efficiency.
- Hymen repair and its effect on marriage defects
– The wife's right to divorce due to the husband's affliction with genetic or infectious diseases.
– The treatment, confirmation, and negation of impotence with medicine, and its resulting effect.
The effect of cosmetic surgery on marriage defects.
– The group broke up due to drug addiction and ideological deviations.
– Aborting the fetus due to illness.
Sexual intercourse for patients with infectious diseases.
The impact of contemporary variables on the estate of a widow.
Divorce via modern communication methods.
– The distinctions made by a non-Muslim judge and their implications.
– The impact of reproductive organ transplantation on Muslim family law.
– The Impact of Surrogate Motherhood on Family Law.
– Provisions of a sham divorce.
Proving lineage with contemporary data and tools.
Important Note: The course instructor will select at least 12 cases to teach from the cases mentioned. The instructor may also select other emerging cases. The cases mentioned here are illustrative and not exhaustive.

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