Al-Azhar’s Role in Contemporary Jurisprudential Issues: Family Law, Child Welfare, and Persons with Disabilities as a Case Study – A Comparative Legal Study

Author

Al-Azhar University

Abstract

   This study seeks to shed light on a significant dimension of the efforts undertaken by the Al-Azhar institution, under the leadership of the Grand Imam, Professor Dr. Aḥmad al-Ṭayyib, in addressing contemporary legal issues related to the family. These efforts reflect a comprehensive and balanced approach that prioritizes the well-being of all family members without bias toward any particular party. The study emphasizes Al-Azhar’s call to strengthen the institution of the family and promote greater awareness of its challenges in both social and legal contexts.
 
The study adopts a comparative juristic method, presenting the views of scholars from the eight leading schools of Islamic law and analysing them in relation to contemporary applications. Among the study’s principal findings is an affirmation of Al-Azhar’s foundational role in addressing issues affecting families, children, and persons with disabilities. Examples include the permissibility of allocating zakāt funds for the marriage of financially incapable youth, in pursuit of the higher objective of lineage preservation. It affirms the husband’s obligation to cover his wife’s medical expenses, as part of the Qurʾānic objectives of marriage—tranquillity, affection, and sound companionship. It also supports the legitimacy of the wife’s right to compensation (kadd wa-saʿāyah) for her financial or physical contribution to the development of her husband’s wealth, as an expression of Islamic principles of justice. Furthermore, the study upholds the permissibility of a non-Muslim (al-kitābiyya) mother retaining custody of her Muslim child, consistent with the ethical foundation of mercy in Islamic law. It also endorses the translation of Qurʾānic meanings into sign language for the hearing impaired, provided the representation conveys meaning rather than substitutes the sacred text.
The study recommends greater collective support for Al-Azhar’s leadership in addressing evolving family issues and encourages continued scholarly work on the renewal of family-related jurisprudence. It calls for harmonizing legal tradition with contemporary realities, in line with the guidance of the Grand Imam of Al-Azhar

Keywords

Main Subjects

Files

Share

How to cite

Statistics