Legal community in charia and law

Abstract

In most legal systems, the question of regulating relations between spouses has been and remains a vital one. But the financial aspects have been more controversial than others. Controversy in Western regimes evolved into the so-called matrimonial systems. They are guided by justifications based on the principle of equality between men and women, and the purpose of protecting human rights. Among these are the legal community system. Arab Islamic legal institutions have been affected by Western legal systems, including matrimonial systems. Through concrete modifications within legal systems, although different approaches to the legitimacy of those systems, including the legal system of community, searchers adopted many methods for the authentication of this system; Some of them base this on legitimate texts and some justify their acceptance just as they are similar to those adopted by certain communities. The study concluded that the customary basis for legal community was confirmed; and that the introduction of this system contradicts with the Islamic Shariah s confirming the financial independence of the couple.