Noraini Hashim
International Islamic University Malaysia
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Publication
Featured researches published by Noraini Hashim.
The International Journal of Academic Research in Business and Social Sciences | 2017
Tengku Fatimah Muliana Tengku Muda; Azizah Mohd; Noraini Hashim
Two crucial elements serve as the objective of Islamic legal rulings are the achievement of interest (maslahah) and the repulsion of harm (mafsadah). This paper seeks to examine the juristic views of different schools of laws in Islam on the application of the Islamic principle of harm in protecting the interest of spouses in cases of defects. For comparative purpose, the paper has also discussed the provisions of law related to defects as applied in Jordan, Egypt and Morocco. Using content analysis method, the findings indicate that where either spouses is inflicted with certain types of defects, dissolution of marriage is allowed based on the ground of protecting the interest of the spouses as well as an appraisal to the Islamic principle of repulsion of harm.
The International Journal of Academic Research in Business and Social Sciences | 2017
Tengku Fatimah Muliana Tengku Muda; Azizah Mohd; Noraini Hashim
The Islamic principle on prevention of harm or darar is well established in the Qur’an, narrated in the narrations of the Prophets and had long been discussed by classical jurists. The commentaries of the Quran explained the term ‘darar’ in various dimensions and meanings as according to the verses to include al-huznu or grief, fear and horror, distress and illness, as well as poverty and hardship. In view of this, Islamic law imposes a financial duty on the husband to maintain his wife and that his failure will bring harm to the wife. The duty arises as soon as the marriage completed and ends either through death or separation. This paper seeks to examine the juristic views of different schools of laws in Islam (mazahib) on the husband’s duty to financially support and maintain the wife, as well as the effect of non-maintenance. Content analysis method is employed where references is made to commentaries of the Quran as well as classical jurists’ texts, contemporary references of Islamic jurisprudence, narrations of the Prophet PBUH and relevant sources. Few selected Syariah court cases will also be discussed to support the premise. The findings indicate that where the husbands failed to provide for the wife’s maintenance for a certain period of time, it causes not only financial difficulties to the wife but extends far more to an abuse which justifies a judicial dissolution of marriage.
Archive | 2017
Nora Abdul Hak; Noraini Hashim
Archive | 2017
Kamilia Ibrahim; Najibah Mohd Zin; Nora Abdul Hak; Noraini Hashim; Mohd Helmi Said
Archive | 2017
Noraini Hashim; Nora Abdul Hak; Norliah Ibrahim; Nur Ezan Rahmat; Sarafuddin Abdul Syahid Sowell
Archive | 2017
Muhamad Helmi Said; Noraini Hashim; Nora Abdul Hak
Archive | 2017
Muhamad Helmi Said; Noraini Hashim; Nora Abd Hak; Roslina Che Soh; Muhammad Amrullah
Archive | 2017
Kamilia Ibrahim; Najibah Mohd Zin; Nora Abdul Hak; Noraini Hashim; Muhamad Helmi Said
Archive | 2017
Nor Hafizah Mohd Badrol Afandi; Noraini Hashim; Nora Abdul Hak
Archive | 2017
Nora Abdul Hak; Noraini Hashim; Muhamad Helmi Said