Simultaneously, whenever i along with listed above, philosophy is embodied throughout the distinct fatwas, judge opinions offered by muftis (Islamic scholars) responding so you can questions posed by private people outside the perspective regarding lawsuits; qadis (judges) relating to litigation; and also by ruler themselves
The difficulties safeguarded regarding Taqlid treatises regarding the arena of the family show the way where Taqlid jurisprudence controlled the two general judge serves of wedding and divorce case. I’m able to introduce a legal narrative to your relationships and you may separation and divorce because of the discussing subject areas linked to these simple courtroom acts normally worked with in new Taqlid treatises. Just what lawsuits was indeed very important to you to definitely end up being hitched, stand hitched, rating separated, score custody of kids then move ahead? I do very to the benefit of new uninitiated viewer which are new to the fresh new Islamic judge program and in what way Muslims possess lawfully used its marriages and you will divorces. You will need to keep in mind that the brand new court story connected with every one of these affairs nevertheless holds true for most Muslims now.
That it structure offered so you can identify the latest marital relationships and even is feel read and you may understood to possess place the boundaries and limitations for the liberties and you can financial obligation of the girlfriend and also the spouse
In this case, the wife get custody across the people up to they started to good kind of years. It is built to give the viewer a fast feeling of the way the Taqlid jurisprudence developed of shipment regarding riches and power ranging from men (couple, father and you may child) while the females enter relationship, through the matrimony, and you can as a result of its termination.
The Taqlid rules on marriage and divorce, outlined above, established a general framework within which the family was expected to operate. Therefore, the rules that have historically defined the status of the woman and man within the family, in particular, within the marriage, are important to understand not only for the influence they had in defining past notions of patriarchy and for defining, legally, particular gender roles, but also because these same rules are the precursor to the contemporary law on the family in Egypt as well as the rest of the Arab world. 98 Providing a structural reading of family law doctrine under the regime of Taqlid is not an easy thing to do. The doctrines of each school of law, as I have explained above, were scattered in multiple treatises, 
each having a different status within the doctrine. These treatises were reproduced over time, commented upon, and the commentaries themselves commented upon. Moreover, each such collection contained majority and minority views within the school, such views changing slowly over time through the very act of exposition and commentary. However, I am by no means the only “modern” presented with what seems on first blush to be such an unnerving task. Condensation for the sake of exposition of doctrines developed over centuries inside a system that accommodated and managed internal divisions of opinion on any given matter found Muhammad Jawad Maghniyyah, the author of the book The five Colleges from Islamic Legislation, equally puzzled. As Maghniyyah asserts,
[F]iqh [jurisprudence] was a limitless ocean, in general matter can be split into more implications, in the any of that the schools’ viewpoints is multiple and you may contradictory, and you can instead the brand new opinions of fuqaha [jurists] of the identical college or university, or even the views of the same college student. Anyone trying to enjoys full conception of every moral amount, usually encounter the latest severest difficulty and you can suffering, just how in the writing the entire fiqh, with its branches: new rituals (ibadat), and you can transactions (mu‘amalat) according to all of the colleges?! 99