السكينة في أحكام الأسرة ووسائلها : دراسة فقهية مقاصدية

Abstract

This research studies the concept of tranquility concerning family law and its means from jurisprudential and maqasidi perspectives. Chapter one discusses the concept of tranquility in family as an objective of the shari’ah. It also highlights related terms such as sakan (residence), bayt (home), ahl (family), and ‘ailah (household) and their relationship with the concept of tranquility in family as an objective of the shari’ah. Second chapter explains principles of the objective of tranquility based on the Qur’an, the Prophetic Tradition, opinions of the jurists. Chapter third defines type and position of the concept tranquility and its importance among specific objectives of family. Forth chapter deals with practical aspect of the research. That is, the jurisprudential rules relating to family which constitute means by which the objective of tranquility can be preserved. The fifth chapter explains with the affect of tranquility in the family tranquility in the family and community. Six chapter the research benefits from human science such as sociology, psychology. The researcher has used four methods in this research, namely inductive, semantic, analytical, and descriptive. She surveys the shari’ah texts were surveyed to establish tranquility as an objective and were studied for their expositions. The researcher also gathers different opinions of jurists and analyses them in order to arrive at a position that suits the spirit and objectives of the shari’ah. The research concludes that tranquility is one of objectives of the shar’iah which is specific with family. It is through this objective that problems related to family can be solved, so break-up in the Muslim home in the contemporary period will be reduced.