الجذور التاريخية في تقنين الأحوال الشخصية ومصادرها الفقهية التكميلية

Abstract EN

There is no doubt that every law has its origins from which its provisions are derived, either through a legislative or a legal process.

in cases of legislative vacuum, judges resort to exercising independent reasoning to find a suitable ruling for the case at hand, following the provisions of that law.

this approach has been adopted by most Arab legislators in enacting laws, taking into consideration the specificity of personal status laws.

they formulated their provisions based on the provisions of Islamic Sharia law and the principles of different jurisprudential schools.

they also referred to legal and jurisprudential sources in matters that were not explicitly addressed, drawing extensively from these sources, albeit with differences in their approach to referral.

this study aims to examine the approach of Arab legislators in historically regulating Arab personal status laws, as well as clarifying their approach to referring to supplementary or alternative sources in cases where the text does not explicitly state the ruling.