Islamic Marital Law
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Islamic Marital Law
In Islamic law (''sharia''), marriage (''nikāḥ'' نکاح) is a legal and social contract between two individuals. Marriage is an act of Islam and is strongly recommended.http://www.onislam.net/english/ask-about-islam/ethics-and-values/muslim-character/166329-marriage-is-the-prophets-sunnah.html Polygyny is permitted in Islam under some conditions, but polyandry is forbidden. Types of marriage Nikāḥ The ''Nikāḥ'' (Arabic: نكاح, literally, "to collect and bind together") is the first—and most common—form of marriage for Muslims. It is described in the Qur'an in Surah 4:4. Regulations: *While intended to be a permanent state, it can be terminated by the husband engaging in the ''Talaq'' process or the wife seeking a ''Khula''. *The couple inherit from each other. *A legal contract is signed when entering the marriage. However it is not a requirement that the contract be in writing. It may be oral, especially amongst illiterates; and if an agreed end-da ...
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Sharia
Sharia (; ar, شريعة, sharīʿa ) is a body of religious law that forms a part of the Islamic tradition. It is derived from the religious precepts of Islam and is based on the sacred scriptures of Islam, particularly the Quran and the Hadith. In Arabic, the term ''sharīʿah'' refers to God's immutable divine law and is contrasted with ''fiqh'', which refers to its human scholarly interpretations. In the historical course, fiqh sects have emerged that reflect the preferences of certain societies and state administrations on behalf of people who are interested in the theoretical (method) and practical application ( Ahkam / fatwa) studies of laws and rules, but sharia has never been a valid legal system on its own. It has been used together with " customary (Urf) law" since Omar or the Umayyads. It may also be wrong to think that the Sharia, as a religious argument or belief, is entirely within or related to Allah's commands and prohibitions. Several non-graded crime ...
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Talaq
Divorce in Islam can take a variety of forms, some initiated by the husband and some initiated by the wife. The main traditional legal categories are ''talaq'' ( repudiation), ''khulʿ'' (mutual divorce or ransom divorce) Historically, the rules of divorce were governed by sharia, as interpreted by traditional Islamic jurisprudence, though they differed depending on the legal school, and historical practices sometimes diverged from legal theory. In modern times, as personal status (family) laws have been codified, they generally have remained "within the orbit of Islamic law", but control over the norms of divorce shifted from traditional jurists to the state. Quranic principles According to the Quran, marriage is intended to be unbounded in time, as indicated by its characterization as a "firm bond" and by the rules governing divorce. The relationship between the spouses should ideally be based on love (''mawadda wa rahma'', 30:21) and important decisions concerning both ...
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Mahr
In Islam, a mahr (in ar, مهر; fa, مهريه; tr, mehir; sw, mahari; also transliterated ''mehr'', ''meher'', ''mehrieh'', or ''mahriyeh'') is the obligation, in the form of money or possessions paid by the groom, to the bride at the time of Islamic marriage (payment also has circumstances on when and how to pay). While the ''mahr'' is often money, it can also be anything agreed upon by the bride such as jewelry, home goods, furniture, a dwelling or some land. Mahr is typically specified in the marriage contract signed upon marriage. " Dower" is the English translation that comes closest to Islamic meaning of mahr, as "dower" refers to the payment from the husband or his family to the wife, especially to support her in the event of his death, although subsequent to marriage the wife also acquires inheritance rights. However, mahr is distinct from dower in two ways: 1) mahr is legally required for all Islamic marriages while dower is optional, and 2) mahr is required to be ...
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Twelver
Twelver Shīʿīsm ( ar, ٱثْنَا عَشَرِيَّة; '), also known as Imāmīyyah ( ar, إِمَامِيَّة), is the largest branch of Shīʿa Islam, comprising about 85 percent of all Shīʿa Muslims. The term ''Twelver'' refers to its adherents' belief in twelve divinely ordained leaders, known as the Twelve Imams, and their belief that the last Imam, Imam al-Mahdi, lives in Occultation and will reappear as ''The promised Mahdi'' ( ar, المهدي المنتظر). According to the Shīʿa tradition, the Mahdi's tenure will coincide with the Second Coming of Jesus (ʿĪsā), who, along with Mahdi, would kill the Dajjal. Twelvers believe that the Twelve Imams are the spiritual and political successors to the Islamic prophet Muhammad. According to the theology of Twelvers, the Twelve Imams are exemplary human individuals who not only rule over the Muslim community (''Ummah'') with justice, but are also able to preserve and interpret the Islamic law (''sharīʿa ...
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The Washington Post
''The Washington Post'' (also known as the ''Post'' and, informally, ''WaPo'') is an American daily newspaper published in Washington, D.C. It is the most widely circulated newspaper within the Washington metropolitan area and has a large national audience. Daily broadsheet editions are printed for D.C., Maryland, and Virginia. The ''Post'' was founded in 1877. In its early years, it went through several owners and struggled both financially and editorially. Financier Eugene Meyer (financier), Eugene Meyer purchased it out of bankruptcy in 1933 and revived its health and reputation, work continued by his successors Katharine Graham, Katharine and Phil Graham (Meyer's daughter and son-in-law), who bought out several rival publications. The ''Post'' 1971 printing of the Pentagon Papers helped spur opposition to the Vietnam War. Subsequently, in the best-known episode in the newspaper's history, reporters Bob Woodward and Carl Bernstein led the American press's investigation into ...
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Nikah 'urfi
Nikah 'urfi ( ar, نكاح العرفي) is a "customary arriage contractthat commonly requires a walī (guardian) and witnesses but not to be officially registered with state authorities. Couples repeat the words, "We got married" and pledge commitment, although there are many other informal ways in which people marry 'urfi. Usually a paper, stating that the two are married, is written and at least two witnesses sign it, although others may record their commitment on a cassette tape and use other forms of documentation. Most Arab countries do not recognize 'urfi marriages and do not allow partners to get a 'legal' divorce since the government does not recognize the legality of the marriage in the first place. Unlike regular marriages, most 'Urfi contracts are not publicised, are short-term in practice and do not require men to provide maintenance for the women. Sometimes these relationships are a way for people to have sexual relations within what is perceived to be a religiously ...
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Misyar Marriage
A ''misyar marriage'' ( ar, زواج المسيار, nikah al-misyar or more often ''zawaj al-misyar'' "traveller's marriage") is a type of marriage contract allowed by some Sunni Muslims. The husband and wife thus joined are able to renounce some marital rights such as living together, the wife's rights to housing and maintenance money (''nafaqa''), and the husband's right to home-keeping and access. The practice is often used in some Islamic countries to give a legal recognition to behavior that might otherwise be considered adulterous via temporary, contractual marriages. In practice The Sheikh of al-Azhar mosque, Muhammad Sayyid Tantawi and theologian Yusuf Al-Qaradawi note in their writings and in their lectures that a major proportion of the few men who take a spouse in the framework of the ''misyar'' marriage are men who are married or women who are either divorced, widowed or beyond the customary marriage age. ''Arab News'' reported in 2014 that the “misyar marriages ...
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Nafaqa
Nafaqah ( ar, نَفَقَة) or nafkah is the Islamic legal term for the financial support a husband must provide for his wife during marriage and for a time after divorce. Under an Islamic marriage agreement, the husband is obliged to pay for his wife's housing, food and clothing in the course of their marriage. In the event of divorce, the same mode of support is stipulated for three months afterwards. Depending on social class and agreement, nafaqah can also include support for the wife's family members or servants, so as to provide a living standard consistent with her peers. References {{Reflist Sharia legal terminology Marriage in Islam Islamic terminology Arabic words and phrases in Sharia ...
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Polygamy
Crimes Polygamy (from Late Greek (') "state of marriage to many spouses") is the practice of marriage, marrying multiple spouses. When a man is married to more than one wife at the same time, sociologists call this polygyny. When a woman is married to more than one husband at a time, it is called polyandry. In contrast to polygamy, monogamy is marriage consisting of only two parties. Like "monogamy", the term "polygamy" is often used in a ''de facto'' sense, applied regardless of whether a State (polity), state recognizes the relationship.For the extent to which states can and do recognize potentially and actual polygamous forms as valid, see Conflict of marriage laws. In sociobiology and zoology, researchers use ''polygamy'' in a broad sense to mean any form of multiple mating. Worldwide, different societies variously encourage, accept or outlaw polygamy. In societies which allow or tolerate polygamy, in the vast majority of cases the form accepted is polygyny. According t ...
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Aisha
Aisha ( ar, , translit=ʿĀʾisha bint Abī Bakr; , also , ; ) was Muhammad's third and youngest wife. In Islamic writings, her name is thus often prefixed by the title "Mother of the Believers" ( ar, links=no, , ʾumm al- muʾminīn), referring to the description of Muhammad's wives in the Qur'an. Little is known about the early life of Aisha. A preponderance of classical sources converge on Aisha being six or seven years old at the time of her marriage, and nine at the consummation; her age has become a source of ideological friction in modern times. Aisha had an important role in early Islamic history, both during Muhammad's life and after his death. In Sunni tradition, Aisha is portrayed as scholarly and inquisitive. She contributed to the spread of Muhammad's message and served the Muslim community for 44 years after his death. She is also known for narrating 2,210 hadiths, not just on matters related to Muhammad's private life, but also on topics such as inheritance, pi ...
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The Translation Of The Meanings Of Sahih Al-Bukhari
Sahih al-Bukhari ( ar, صحيح البخاري, translit=Ṣaḥīḥ al-Bukhārī), group=note is a ''hadith'' collection and a book of ''sunnah'' compiled by the Persian scholar Muḥammad ibn Ismā‘īl al-Bukhārī (810–870) around 846. Alongside ''Sahih Muslim'', it is one of the most valued books in Sunni Islam after the Quran. Both books are part of the Kutub al-Sittah, the six major Sunni collections of ''hadith'' of the Islamic prophet Muhammad. The book is also revered by Zaydi Shias. It consists of an estimated 7,563 ''hadith'' narrations across its 97 chapters. Content Sources differ on the exact number of hadiths in Sahih al-Bukhari, with definitions of ''hadith'' varying from a prophetic tradition or ''sunnah'', or a narration of that tradition. Experts have estimated the number of full-''isnad'' narrations in the Sahih at 7,563, with the number reducing to around 2,600 without considerations to repetitions or different versions of the same ''hadith.'' Bukhari ...
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Muhsin Khan
Muhammad Muhsin Khan (Pashto/Dari/Arabic: ; 1927 – 14 July 2021) was an Islamic scholar and translator of Afghan origin, who lived in Madinah and served as the Chief of Department of Chest Diseases at the King Faisal Specialist Hospital and Research Center. He translated both the Quran and Sahih Al-Bukhari into English. He was the director of the clinic of Islamic University of Madinah. Biography Muhammad Muhsin Khan was born in 1927 in Kasur, British India. His '' nasab'' (patronymic) is: Muhammad Muhsin bin Muhi-ud-Din bin Ahmed Al-Essa Al-Khoashki Al-Jamandi Al-Afghani. His grandparents emigrated from Afghanistan in order to escape from war and tribal strifes. He belongs to the Kheshgi Pashtun tribe (arabized as Al-Khoashki) that resides in the valley of Arghistan, Kandahar province Afghanistan, where he completed most of his education.Muhammad M. Khan & Muhammad T. Al-Hilali, Biography of Dr. Muhammad Muhsin Khan. The Noble Quran, Dar-us-Salam Publications; 1 edition ...
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