Islamic marriage and divorce laws of the arab world book

Philosophy and religionislamic marriage and divorce laws. She holds a doctorate in legal anthropology, which concentrated upon contemporary tunisian judicial practices in the field of divorce. Introduction despite the predominant idea in the western countries that muslim women do not, or hardly, have basic human rights, in practice, but especially on theological basis, muslim women actually do have more rights than their western counterparts. Islamic marriage and divorce laws of the arab world centre. Some jurisdictions in north america have passed bans on use of sharia, framed as restrictions on religious or foreign laws. Muslim clients situations will vary greatly depending on what islamic school of thought hanafi, hanbali, maliki. American family law and shariacompliant marriages the. The legislation resulting from these debates is interpreted by muslim family court judges in response to litigants claims during the legal process. So if you want to follow islam fully, then you must know the islamic rules and regulations governing married life. This book has been cited by the following publications. Marriage, as prescribed by allah, is the lawful union of a man and a woman based on mutual consent. Doreen hinchcliffe this book will be of prime interest to academics, researchers and students of islamic law, legal practitioners and agencies involved in legal issues relating to the marriage and divorce of citizens.

This article is a general overview of divorce laws around the world. Islam and womens rights overcoming inequality center for. Transgender muslims find a home for prayer in indonesia the new york timesby jon emont dec. Divorce among muslims is a muchdiscussed and argued topic. A slight discussion shall be made regarding the contemporary law in vogue and at the end of this paper the findings of the study shall be presented.

This volume sets out the laws relating to marriage and divorce in. This paper compares how islam and mormonism crafted the legal framework of polygamy in an attempt to afford women important protections against its inherent inequality. This book traces and compares the approaches of different arab league mem ber states to a. This sexual morality, as we shall see in the following chapters, has been discussed in the quran, and by the prophet and his ahlulbayt very thoroughly and openly. Ideally, the purpose of marriage is to foster a state of tranquility, love and compassion in islam, but this is not always the case.

Whilst other works exist which examine the islamic law of personal status, this is the first to set out in a single volume the laws relating to marriage and divorce in. Islamic family law harvard library research guides. Codification of muslim personal status law in arab states. Islam is one of the religions highly respected all over the world. This book discusses the production of gender regimes during syrian, moroccan, and libyan divorce cases and assesses the impact of postarab spring protostates on divorce law. The sharia law itself cannot be altered but its interpretation, called fiqh, by muftis islamic jurists is given some latitude. Islamic marriage and divorce laws of the arab world brill. Future contributions will focus on legal reality and practice and spotlight the causes preventing women from asserting their existing rights.

Marriage is an act of islam and is strongly recommended, the age of marriage being whenever the individuals feel ready, financially and emotionally. The reason why the husband is regarded as superior and is given the role of qawwaam protector and maintainer marriage divorce halalaa. The islamic laws of marriage do not stop at how to marry and whom to marry, it also deals with the sexual morality of human beings. When the title of a book is as misleading as the title of this volume is, readers.

Whilst other works exist which examine the islamic law of personal status, this is the first to set out in a single volume the laws relating to marriage and divorce in the arab states, both codified and uncodified, in a manner which will enable the reader to look up the provisions of the law in specific areas and, where required, to compare the positions of the laws of different countries. This volume sets out the laws relating to marriage and divorce in the arab states, both codified and uncodified, in a manner which should enable readers to look up the provisions of the law in specific areas and, where required, to compare the positions of the laws of different countries. Introduction islam, in its long drawn history of about 1500 years, has evolved itself into one of the greatest of all religions with over 1. Islam discourages divorce but, unlike some religions, does make provisions for divorce by either party. In these two countries, laws only allow annulment of marriages. Cimel centre of islamic and middle eastern law, school of oriental and african studies, university of london book series no. It is the duty of every muslim to follow the islamic laws not only in matters of prayers and fasting but in all his actions.

Divorce, marriage and women in the muslim world library of islamic law maaike. This book addresses the contemporary development of muslim divorce in libya. Islamic marriage and divorce laws of the arab world centre of. Introduction of shariabased laws sparked intercommunal violence in nigeria and may have contributed to the breakup of sudan. Finding islamic family law islamic family law research. The role of sharia has become a contested topic around the world. How have muslim marriages legally ended around the turn of the 21st century. Download islamic books on marriage including fiqh of love marriage in islam, fiqh of marriage in the light of the quran and sunnah, the ingredients for a happy marriage, ettiquettes of marriage, marriage and what people say, polygamy in islam, polygamy.

Ill try to supply as much information in this big subject as our small page can allow. Here is the meaning behind some of the most common traditions in a muslim marriage ceremony. This book traces and compares the approaches of different arab league mem. Islam has well defined rules about marriage and sex too. An engagement may be arranged between families for their children, but islamic requirements for a legal marriage include the requirement that both parties, bride, groom and guardian for the bride, give their legal consent. Islamic law dealing with marriage, divorce and the consequences of divorce were codified only during the twentieth century. A man who divorces his wife must be adult and sane, but if a boy of ten years of age divorces his wife, precaution must be exercised.

Divorce in islam can take a variety of forms, some initiated by the husband and some initiated by the wife. Similarly, a man should divorce of his own free will, therefore, if someone compels him to divorce his wife, that divorce will be void. Divorce, marriage and women in the muslim world library of islamic law voorhoeve, maaike on. This article is only to be viewed as a basic outline of womens rights in islam regarding marriage and divorce. Divorce in islam an explanation from islamic jurisprudence. Marriage and divorce in islamic and mormon polygamy. Womens rights in islam regarding marriage and divorce. A number of arab states have recently either codified muslim family law for the first time, or have issued. Islamic marriage and divorce laws of the arab world. Islamic marriage and divorce laws of the arab world by. These laws had nothing in common with the rulings of the fiqh.

Divorce, marriage and women in the muslim world library of islamic law. Thus, this is what the sacred book of muslims states. Muslim divorce in the middle east contesting gender in the. Some couples mind the moon when setting a wedding date.

However, the reality out of the sacred lines is more harsh and tough than it may seem. Mar 25, 2019 islamic marriage begins with a search for an appropriate partner and is solemnized with an agreement of marriage, the contract, and the wedding party. The theory and practice of divorce in the islamic world have varied according to time and place. One can also see the portions of the ottoman legislation of 1917, adopted in lebanon 19411962, sections of which are translated in statutes of personal law in islamic countries. She specialises in the legal anthropology of the muslim world, focusing on tunisia. It is also necessary that a man seriously intends to divorce. Jun 29, 2018 the legislation resulting from these debates is interpreted by muslim family court judges in response to litigants claims during the legal process. The main traditional legal categories are talaq repudiation, khul. A marriage without the consent of the bride or performed under coercion is illegal according to the majority of scholars. Here, a man and woman marry for a predetermined length of time, which may be anything from a few hours to many years.

Islamic marriage and divorce laws of the arab world dawoud. Islam and womens rights overcoming inequality center. This volume sets out the laws relating to marriage and divorce in the arab states, both codified and uncodified, in a manner which will enable the reader to look up the provisions of the law in specific areas and, where required, to compare the positions of the laws of different countries. Like marriage ceremonies across cultures and religions, a muslim wedding ceremony is informed by ancient traditions and laws, but adaptable to suit the couple. Veiling hijab, divorce laws, a very young legal age of marriage, custody of children, polygamy, womens rightlessness in matters of employment, travelling, choosing the place of residence, honor killing are all aspects of islamic sharia based on the koran and islams doctrine. Introduction despite the predominant idea in the western countries that muslim women do not, or hardly, have basic human rights, in practice, but especially on theological basis, muslim women actually do. Islamic family law libya socialist peoples libyan arab. This volume sets out the laws relating to marriage and divorce in the arab states, both codified and uncodified, in a. This volume sets out the laws relating to marriage and divorce in the arab states, both codified and uncodified, in a manner which should enable readers to look up the provisions of the law in specific areas and, where required, to compare the positions of.

Islamic marriage and divorce laws of the arab world book. It should be noted that an islamic divorce does not take into consideration separation of marital property or child custody, and these attributes of the western secular divorce process are typically not addressed in an islamic divorce. One of the main reasons why it is well respected is because it has a lot of islamic marriage laws that muslims readily follow. The separate marriage and divorce laws of 1948 and 1962 governing the muslim communities translated in islamic marriage and divorce laws of the arab world. Although most islamic marriages are essentially the same as nonislamic ones, there are several types of marriage that are rarely found outside of muslim communities. Philosophy and religionislamic marriage and divorce laws of. Maaike voorhoeve is research fellow at the university of amsterdam, where she teaches islamic law and family law in the muslim world. Polygyny is permitted in islam under some conditions, but polyandry is forbidden. In muslim religion, there are two kinds of marriages namely permanent marriage and fixed time marriage. Philosophy and religionislamic marriage and divorce laws of the. By focusing on formal law, the paper presents only one dimension of the subject. But, on the other hand, the imam abu hanifah and his disciples say that divorce is in itself a dangerous and disapproved procedure, as it dissolves marriage, an.

Divorce law by country news newspapers books scholar. When the title of a book is as misleading as the title of this volume is, readers are likely to be caught short. In this article, discusses the concept of divorce in islam and gives an explanation from islamic jurisprudential perspective. Sisters in islam sisters in islam provides a wide range of information resources on marriage, divorce, domestic violence in muslim societies.

We are grateful to all colleagues who enriched this publication with their comments. Layish, divorce in the libyan family, jerusalem, 1991. Islam permits the dissolution of marriage for a number of reasons, such as infidelity and incompatibility. Sharia and prevalent customs in islamic societies divorce. Marriage in the arab world population reference bureau. A chapter on lebanon in a book about islamic marriage and divorce laws in the arab world, published in 1996, indicates that lebanese law recognises the three major religions, islam, judaism and christianity, and the various denominations within these. This barcode number lets you verify that youre getting exactly the right version or edition of a book. However, when family life cannot be kept in harmony that very same koran allows and even advises to put an end to the marriage, which we can call an islamic divorce. Jun 20, 2018 veiling hijab, divorce laws, a very young legal age of marriage, custody of children, polygamy, womens rightlessness in matters of employment, travelling, choosing the place of residence, honor killing are all aspects of islamic sharia based on the koran and islams doctrine. Quran be regarded as a positive resource and an open book that can and should be. In case you need more details, i refer you to a useful book fiqh assunnah by sayyed sabiq is originally in arabic, but you can find its english translation if you want. Its clear from the koran that islam holds a generally positive view of marriage, but the relevant law has always allowed for the possibility of divorce. A guide to islamic marriage agreements in american courts. Islamic marriage begins with a search for an appropriate partner and is solemnized with an agreement of marriage, the contract, and the wedding party.

It is derived from the religious precepts of islam, particularly the quran and the hadith. Mahmood, libya in statutes of personal law in islamic countries, 2nd ed. Islams sharia law is cast from the words of muhammad, called hadith, his actions, called sunnah, and the quran, which he dictated. Many intentionally marry without a marriage license purposefully to circumvent the applicability of new jersey divorce and equitable. Islam is a strong advocate of marriage, and the act of marriage is considered a religious duty through which the social unitthe familyis established. As a legal system, the sharia law is exceptionally broad. In the muslim world, legislation concerning divorce varies from country to country.