الزواج في دولة جزر القمر دراسة مقارنة بالشريعة الإسلامية

Abstract

Family is the core of the human life with which life can be consistent and on which the community can be rightly built. Because the matter is serious, Islamic Legislation (Shariah) gave incomparable concern. However, in the colonial period, the laws emanated from the Islamic Shariah had changed and were replaced by manmade laws. One of these countries is Comoros Island so the questions that persists is whether the Comoros Personal Affairs Law has changed or it still adheres to the Islamic Shariah. From this point the researcher identified the problem depending on the analytical descriptive approach and then compared Family Law with that in the Islamic Jurisprudence, because it the suitable methodology for this study. Among the objectives of this research are comparing the Comoros Family Law with that of the Islamic Shariah, clarifying the points of accord and discord, stating the source of the disagreeing opinions, either from the custom or from the law, stating the source of the agreeing opinions and which school of Islamic Law it depended on, and finally to what extent the French Occupation affected the Law of Family. The researcher has concluded that the Personal Affairs Law does not contradict the Shariah totally. It often depends on the Shafie School of Law although there are some differences referring to the tradition, custom or influence of man-made laws