SHARIAsource

This appeal against the ruling reported in Malaya Law Journal XVII 12 was made on the grounds that the Court had no jurisdiction to declare void the marriage between Maria Huberdina Hertogh and Inche Mansor Adabi, that Hertogh was a Muslim "in fact and in law," and that her marriage to Inche Mansor Adabi was valid. The Court ruled that the declaration of the illegality of the marriage was beyond the Court's jurisdiction, but that Hertogh was domiciled in Holland. As Inche Mansor Adabi had not proven that the marriage was valid by the laws of Holland, the Court had rightly ordered custody of Hertogh to be returned to her parents.

Resolution 90/7/9 (“Resolution”) cites primarily to a compendium of “research papers forwarded to the [IIFA] on the subject of AIDS” and to the Qur’an.  The Resolution addresses six different issues relevant to the treatment of individuals diagnosed with AIDS: (1) it is not necessary to isolate patients; (2) deliberate transmission of AIDS to a healthy individual is haram—Shari’a proscribed—and is “considered among the major evil sins and transgressions”; (3) abortion of a fetus by a mother infected with AIDS is impermissible; (4) it is permissible for a mother infected by AIDS to retain custody of her child and to breastfeed her child; (5) it is permissible for a wife to seek separation from a husband infected with AIDS; and (6) AIDS is considered terminal according to Shari’a when “all of its symptoms are present and the victim is no longer capable of carrying out ordinary living, and death is imminent.”

Resolution 16 (4-3) (“Resolution”) cites primarily to a compendium of “studies on the subject of [a]rtificial insemination” and the testimonies of “experts and physicians.” The Resolution enumerates seven known methods of artificial insemination. The first five of those seven methods are “absolutely prohibited… due to ensuing consequences manifested in confusion about parenthood and loss of motherhood and other Shari’a prohibited matters.”  The sixth and seventh methods of artificial insemination are permissible in cases of necessity. 

An excerpt from the book al-Muqni' fī 'ilm al-Shurūt, this section details the legality on issues of marriage, paternity, and children. 

An excerpt from the book al-Maqsad al-Mahmūd fī Talhīs al-'Uqūd, this section details the legality on issues pertaining to marriage, paternity, and children. 

ʿAbd al-Raḥīm ʿAbd al-Raḥmān, ed. Wathāʼiq al-maḥākim al-sharʿiyya al-Miṣriyya ʿan al-jālīya al-Maghāribīya ibbān al-ʿaṣr al-ʿUthmānī, vol 1 of 4 (Zaghwan: Markaz al-Dirāsāt wa-al-Buḥūth al-ʻUthmānīyya wal-Mūrīskīyya wal-Tawthīq wal-Maʿlūmāt, 1992-2004), pp. 89-90.

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