现代穆斯林家庭法中的穆特亚(叙利亚、埃及和印度尼西亚立法研究)

Yuni Roslaili, Safira Mustaqila
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摘要

现实表明,在任何地方,包括在家庭部门以及在穆斯林国家,仍然存在许多针对妇女的不公正现象。因此,穆斯林家庭法的改革被认为是必要的,因为它在保护妇女和儿童以及实现其权利方面起着重要作用。穆特亚是丈夫在离婚后送给前妻的礼物,包括叙利亚、埃及和印度尼西亚在内的许多穆斯林国家都在改革这一领域。穆特亚是丈夫在离婚后给前妻的礼物,这是包括叙利亚、埃及和印度尼西亚在内的许多穆斯林国家改革的领域之一。研究结果发现,在所研究的三个国家,即叙利亚、埃及和印度尼西亚,已经对有关穆特亚的穆斯林家庭法进行了改革。如果在传统文献(伊斯兰教法)中,穆特亚的权利只是在发生性行为之前必须给予离婚的妻子,并且没有嫁妆,但在研究的三个国家中,无论妻子是在发生性行为之前还是之后离婚,也无论嫁妆是否已经确定。此外,在现代穆斯林家庭法中,有关于丈夫必须给予妻子的mut 'ah的最大限度的规定,例如在叙利亚三年的生活标准和在埃及两年的生活标准,而在fiqh中,确定mut 'ah的最大规模不超过嫁妆或奴隶价格的一半。
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MUT'AH IN MODERN MUSLIM FAMILY LAW ( Study of Legislation in Syria, Egypt and Indonesia )
The reality showed that there are still many injustices against women that can occur anywhere, including in the domestic sector, as well as in Muslim countries. Therefore reform of Muslim family law is seen as necessary because it plays an important role in the protection of women and children and the fulfillment of their rights. Mut’ah is a gift from a husband to his ex- wife after a divorce, including one of the areas reformed in a number of Muslim countries, including in Syria, Egypt and Indonesia. Mut’ah is a gift from a husband to his ex- wife after a divorce is one of the areas reformed in a number of Muslim countries including in Syria, Egypt and Indonesia. The results of the study found that there had been reform of Muslim family law regarding mut’ah in the three countries studied, namely Syria, Egypt and Indonesia. if in traditional literature( fiqh) the right of mut’ah is only obligatory to be given to a divorced wife before had sex and with a dowry that has not been given, but in the three countries studied regardless of whether the wife was divorced before had sex or after had sex and whether the dowry has been determined or not. In addition, in modern Muslim family law there are provisions for the maximum limit of mutah that a husband must give to his wife, such as the standard of living for three years in Syria and two years in Egypt while in fiqh it is determined that the maximum size of mut’ah is not to exceed half the mistsil dowry or the price of a slave.
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