Sharia Policy and its Applications in the Kuwaiti Personal Status Law
Dr. Ali Suleiman Al Saleh
Faculty Member, Department of Comparative
Jurisprudence and Sharia Policy
College of Sharia and Islamic Studies,
University of Kuwait
Abstract:
This research paper deals with the concept of legal policy and its sources and fields of work. It also deals with the applications of Sharia policy in the Kuwaiti Personal Status Law, analysis and criticism, aiming to limit the fields of work to the legitimate policy and its applications in the Kuwaiti Personal Status Law by following the inductive approach. It also aims to highlight the practical applications of the legal policy through the Kuwaiti Personal Status Law, and to explain how it is applied and included in the areas of work in the legal policy in the event of the existence of the text or its absence by following the analytical approach, with rooting, reasoning and representation, which reveal the nature of the relationship between the legal text and political jurisprudence, whether it exists or it does not exist.
The research concluded that the criterion of interest, which is the basis of political jurisprudence, is weighted by the balance of the legal text, according to clear criteria established by scholars of Islamic jurisprudence. It also concluded that the field of political jurisprudence in the event of the existence of the text emerges in two cases: the first: the legal rulings that are built on a custom or a reason. The second: Sharia rulings that have been surrounded by new circumstances, the failure to consider them is due to the interest intended by the legislation. He also concluded that the most fertile field of political jurisprudence is where no legal text is mentioned. The research highlighted six applications of the legal policy in the Personal Status Law in the Department of Marriage, two of them within the first field where the text is received, and four of them within the second field where there is no text.
Keywords: standard of interest, legal text, political jurisprudence, legal rulings, custom, the cause, marriage.