Resolving the conflict of strengthening the family by accepting the privacy of the couple in Islamic jurisprudence

Abstract

In Islamic jurisprudence, it is stated that couples have privacy and independent interests towards each other, and neither of them has the right to enter the other's privacy. But in the customary way of life, it is observed that couples do not consider the security, comfort and strength of the family possible except with the cooperation and interaction of couples, and therefore consider themselves to have common benefits and harms, so it is necessary to deal with issues and affairs. Learn about each other privately. There seems to be a conflict between the recommendations of Shari'a and the customary practice of society. Therefore, by examining and researching the verses, hadiths and the words of the jurists, it was proved by mentioning some documents that some of the behaviors of people in life are based on religious requirements and some have customary requirements. Therefore, in this research, it has been stated that since the beginning of Islam, there are signs of customary approval in the Shari'a, which has become so prominent that it is thought that the custom is preferred to the Shari'a, while the common custom is used to strengthen the family. The sharia side is valid. Therefore, couples, while accepting the boundaries of each other's independence, strengthen the security and comfort of the family and prevent harm from it by interacting and cooperating between each other in independent and common interests.

Keywords

• conflict
• privacy
• independence of spouses
• custom and sharia
• family strength.