فقه الواقع وأثره في تقنين الاشتراك المالي بين الزوجين
Jurisprudence of reality and its impact on legalizing financial participation between spouses
DOI:
https://doi.org/10.33102/jfatwa.vol24no2.380Keywords:
فقه، الواقع, تقنين, ، الاشتراك, ، المال, ، الزوجينAbstract
The research discussed The Foundations of Reality Jurisprudence and the beginning of legalizing of the financial contribution between spouses, and family problems foreseen in the application of the Law on Financial Participation between Spouses.
Research has found the inviolability of legalizing financial participation between spouses for the following reasons:
- The breakdown of the family and the marital relationship due to this partnership because the nature of the marriage contract differs from the nature of the company's contract of affection and compassion, donation In The marriage and demand financial benefit through accounting and supervision in the company's contract .
- Reluctance to marry and demand the right of the body away through the marriage to escape the effects of this partnership, as is the case in the Western country, or the choice of the husband is based on the amount of wealth one of them has, making the marriage based on Financial ambitions.
- Disputes, lawsuits and financial judicial charges expected upon divorce, as is the case in the country where this law is applied.
- Injustice between spouses occurs if one of the spouses is the principal component of the wealth by means of his or her work and effort, if the husband loses his or her work or reduces his or her income, he or she will automatically turn into the property of his wife in personal spending because It has become a common money.
-The poor educational impact on children because marriage turned into an attempt to gain wealth and reduce material loss between spouses..
- The partnership contract involves a lot of unknown money earned between spouses throughout their lives. The future income of both spouses throughout their life is known only to God, And Islamic law has prohibited the contract on the unknown.
- Violation of the inheritance regime in the Islamic Sharia because both the wife and the husband are entitled to one half of each other's estate in all circumstances, which will also result in an imbalance and change in the amount of inheritance established by the Islamic sharia for the children and relatives.
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