Abstract
The chapter deals with such a difficult phenomenon as Islamic family studies according to the legal issues. Since in Islam marriage is considered sacred, and the family is indestructible, the sanctity of ties between a man and a woman is protected, and the joint life of a man and a woman without marriage is not allowed. The family is considered the main social unit of society, and all relationships, values, and traditions in a given society are associated to some extent with the family. The family is a sacred fortress, contributing to the formation of the younger generation, and has an important place in the society, since its foundation has been of great importance.
TopResearch Methods
As an offshoot of general sociology, the sociology of law borrows its methodology predominantly from it. As you know, general sociology is both a theoretical and an empirical discipline, and accordingly uses methods of both empirical and theoretical series. The empirical methods used by the sociology of law include observation, questioning, document analysis, and experiment. The most accessible for her is the comparative-historical method, applied to the phenomena-institutions, since it requires only reading and analysis of historical and ethnographic documents. If one and the same phenomenon is observed in many legal systems, there is reason to speak of its general nature. Dissimilarities can lead to a causal connection. In his Essay on the Gift (1923), Marcel Moss, formulating the hypothesis that the gift was a primitive form of exchange, demonstrated the use of the comparative historical method in the sociology of law.
The methods used in the sociology of law sometimes seem to be original, but this originality is given to them precisely by the legal character of the object. The work characterizes the main methods that are most often used in the sociology of law - methods of observation, interpretation, and comparison, analysis of documents, experiment, and polling.
Key Terms in this Chapter
Marriage: A socially and legally recognized union between couples to create a small unit called family, which gives rise to mutual rights and obligations of a married couple.
Natural Law: A doctrine in the philosophy of law and jurisprudence, recognizing that a person has several inalienable rights that belong to him based on the very fact of his belonging to the human race.
Islamic Family Law: Is a part of the Islamic legal system that regulates family and marriage relations and other rights of personal status are established by the Qur'an and the Sunnah of the Prophet Muhammad.
Family Conflict: A disagreement between family members that arise based on opposing motives and goals that are incompatible in a particular situation.
Family: A small social group based on marriage, consanguinity, or adoption and bound by a common way of life, mutual interests, relations, and responsibility.
Social Unity: An association of people, objectively defined by the way of their stable relationship in which they act as a collective subject of social action.
Family Relations: Relations regulated by the norms of family law, arising from marriage, kinship, adoption, etc.
Family Law: A system of legal norms governing family relations.