عائلی قوانین کے نفاذ میں خلفائے راشدین کا طرز عمل ؛فقہی مسالک اربعہ کاتجزیاتی

The Practice of the Rightly Guided Caliphs in Enforcing Family Laws; An Analysis of the Four Jurisprudential Schools

Abstract

Islam has not left any aspect of life incomplete in its guidance. It has not left any gap even in the field of family laws, such as marriage, divorce, separation, seeking divorce, lineage, marriage, waiting period, and dowry. All the small and big issues of marriage have been given full attention since the beginning of Islam. In the era of ignorance, there was no limit to the number of marriages. and the consequences of polygamy would come in the form of oppression, barbarity, and inequality. Therefore, Islam curbed this rampant practice of polygamy. And with the condition of justice and equality, four marriages were permitted at the same time. Whoever fulfills this condition of justice and equality and treats them equally, he is permitted four marriages; otherwise, he should be content with one marriage. The Rightly Guided Caliphs removed all kinds of misunderstandings regarding family laws and presented the issue before the Muslim Ummah with complete clarity and clarity. When Farooq Azam saw that people were careless in giving divorce, he declared three divorces at the same time or in the same gathering as a punishment. When a husband and wife divorce, the most important issue that arises is regarding the children. Who should now raise the children? Is it the man's right or the woman's? In this regard, a woman came to the Prophet. He said, "You have more right as long as you do not remarry." And Hazrat Abu Bakr Siddique strictly enforced this during his caliphate. He gave the woman the right to raise children. The jurists of all schools of thought recognized the mother's right to raise children on this issue.