A Comparative analysis of registration of marriage in Islam. Issues in Contemporary Muslim Jurists

      Аннотация: Marriage in Islam plays a significant role in building community. Islam respects a society with strong ties based on Islamic values and ethics. One of those crucial issues related to marriage is the registration of marriage as a requirement for a marriage contract to be recognized and officially authenticated by Muslim countries. This study concludes the officially authenticated registration of marriage as practiced in many Muslim countries. Especially when taking to an account the recommendation on registration of marriages in the resolution 2018 (20) of 1st November 1965 of United Nation Organization general assembly. This is with reference to the personal status law in some Muslim countries concentrating more on the Malaysian personal status laws. Although there is controversy among contemporary scholars regarding Shar?‘ah status on this issue, as registration of marriage has no basis among the Shar?‘ah requirements for a valid marriage contract, but based on what we have seen, has comfortably fitted into those aspect of Shar?‘ah meant for accommodation of contemporary issues. These aspects are deduced from the principles of Islamic jurisprudence.

Ключевые слова: UNO resolution, Registration of Marriage, Istihsan, maqasid al-Shariah, Al-Masalih al-Mursalah, As-siyasah al-Shariyyah, personal status law.