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Islamic Family Jurisprudence
Islamic family jurisprudence (, ) or Islamic family law or Muslim Family Law is the fiqh of laws and regulations related to maintaining of Muslim family, which are taken from Quran, hadith, fatwas of Muslim jurists and ijma of the Muslims. It contains pubertal, marital, sexual, child upbringing, adoption and fostering, inheritance, criminal and other related subjects. The subject mainly discusses on foster relationship, marriage, divorce, Ila, li'an, Raj'ah, Khul', Zihar, Iddah, custody and maintenance of children etc. From the political aspects, Muslim family law is a part of almost every national constitution of the world regarding religious (Muslim) laws, especially of the Muslim-majority countries. Maturity In Islamic legal terminology, bāligh (, adult) or mukallaf (, responsible) of muhallaq (, tendril, mentally matured) or murahiq (, frequently errant, evildoer in a hurry) or muhtalim (, pubescent) refers to someone who has reached maturity or puberty, an ...
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Islamic Marital Jurisprudence
In Islamic law (''sharia''), marriage (''nikāḥ'' نکاح) is a legal and social contract between a man and a woman. In the religion of Islam it is generally strongly recommended that adherents marry. A ''nikāḥ'' marriage has a number of requirements and restrictions under shariah. Amongst them are that a gift known as a '' mahr'' be given by the groom to the bride; that the bride, groom and guardian for the bride (wali), give their legal consent to the marriage and that there be no coercion; that there be two witnesses from each side to the signing or accepting of the contract; that the bride and groom not be of the same gender, not be brother and sister, mother or father, aunt or uncle, or other close relatives, but may be first cousins; that the man not have more than four wives at any one time, and the woman more than one husband. Requirements and restrictions on marriage There are many hadith recommending marriage in general, but depending on the circumstances, a ...
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Islamic Marriage Contract
Islamic marital or ''nikah'' practices are traditions and practices that relate to wedding ceremonies and marriage rituals in the Muslim world. Muslims are guided by Islamic laws and practices specified in the Quran, but Islamic marriage customs and relations vary by country of origin and government regulations. Islam encourages early marriage, not preceded by dating between the prospective bride and groom, as Islamic law places "strict conditions on interactions" between the opposite sexes. Consequently, mainstream Islamic marriages tend to be "family affairs" where parents and other older relatives are involved in match making. Islamic marital jurisprudence allows Muslim men to be married to multiple women (a maximum of four at one time). Marriage customs While there can be differences in marriage practices among Muslims, there are several steps to a marriage shared in the religion -- ''khitbah, nikah, rukhsati and walimah''. Young Muslim women and men are strongly en ...
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Fiqh
''Fiqh'' (; ) is the term for Islamic jurisprudence.Fiqh
Encyclopædia Britannica
''Fiqh'' is often described as the style of human understanding, research and practices of the sharia; that is, human understanding of the divine Islamic law as revealed in the Quran and the sunnah (the teachings and practices of the Islamic prophet Muhammad and his companions). Fiqh expands and develops Shariah through interpretation (''ijtihad'') of the Quran and ''Sunnah'' by Islamic jurists (''ulama'') and is implemented by the rulings (''fatwa'') of jurists on questions presented to them. Thus, whereas ''sharia'' is considered immutable and infallible by Muslims, ''fiqh'' is considered fallible and changeable. ''Fiqh'' deals with the observance of rituals, morals and social legislation in Islam as well as econo ...
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Iddah
In Islam, ’''iddah'' or ''iddat'' (; "period of waiting") is the period a woman must observe after the death of her husband or after a divorce, during which she may not marry another man. One of its main purposes is to remove any doubt as to the paternity of a child born after the divorce or death of the prior husband. The length of ‘iddah varies according to a number of circumstances. Generally, the ‘iddah of a divorced woman is three lunar months (i.e. about 89 days), but if the marriage was not consummated there is no ‘iddah. For a woman whose husband has died, the ‘iddah is four lunar months and ten days (i.e. about 128 days) after the death of her husband, whether or not the marriage was consummated. If a woman is pregnant when she is widowed or divorced, the ‘iddah lasts until she gives birth. Islamic scholars consider this directive to be a balance between mourning of husband's death and protecting the widow from criticism that she might be subjected to fro ...
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Twelver
Twelver Shi'ism (), also known as Imamism () or Ithna Ashari, is the Islamic schools and branches, largest branch of Shia Islam, Shi'a Islam, comprising about 90% of all Shi'a 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, Hujjat-Allah al-Mahdi, Imam al-Mahdi, lives in Occultation (Islam), occultation (''ghayba'') and will reappear as "the awaited Mahdi" (''al-Mahdi al-muntazar''). Twelver Shi'as believe that the Twelve Imams are divinely appointed as both spiritual and political successors to the Islamic prophet Muhammad, and that they possess special knowledge and authority to guide the Muslim community. According to theology of Twelvers, Twelver theology, the Twelve Imams are exemplary human individuals who rule over the Ummah, Muslim community (''Ummah'') with justice, and are able to preserve and interpret the Sharia, Islamic law (Sharia) and the Esoteric inter ...
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Nikah Mut'ah
''Nikah mut'ah'' , "pleasure marriage"; temporary marriage''Hans Wehr Dictionary of Modern Written Arabic: a compact version of the internationally recognized fourth edition''
Ed. JM Cowan. New York: Spoken Language Services, Inc., 1994. Print.
or Sigheh () is a private and verbal temporary contract that is practiced in
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Polyandry
Polyandry (; ) is a form of polygamy in which a woman takes two or more husbands at the same time. Polyandry is contrasted with polygyny, involving one male and two or more females. If a marriage involves a plural number of "husbands and wives" participants of each gender, then it can be called polygamy, group marriage, group or conjoint marriage. In its broadest use, polyandry refers to sexual relations with multiple males within or without marriage. Of the 1,231 societies listed in the 1980 Ethnographic Atlas, 186 were found to be monogamous, 453 had occasional polygyny, 588 had more frequent polygyny, and four had polyandry.''Ethnographic Atlas Codebook''
derived from George P. Murdock's ''Ethnographic Atlas'' recording the marital composition of 1,231 societies from 1960 to 1980.
Polyandr ...
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Polygny In Islam
Traditional Sunni and Shia Islamic marital jurisprudence allows Muslim men to be married to multiple women (a practice known as polygyny) -- up to four wives at a time under Islamic law -- with the stipulation that if the man fears he's unable to treat more wives in a fair manner he "marry only one". Marriage by a woman to multiple husbands (polyandry) is not allowed. Contemporary views on the practice vary. Some think it is no longer socially useful and should be banned (Rasha Dewedar). Some hold that it should be allowed only in cases of necessity ( Muḥammad ʿAbduh). One school ( Shaafi’i School of jurisprudence) has ruled it makruh, that is, Islamically allowed but discouraged. Still others feel it is part of the Islamic marriage system and that denying it is tantamount to denying "the wisdom of divine decree" ( Bilal Philips and Jamila Jones). Scriptural basis The verse most commonly referred to with the topic of polygamy is verse 3 of Surah 4 An-Nisa (Women). A transl ...
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Islam
Islam is an Abrahamic religions, Abrahamic monotheistic religion based on the Quran, and the teachings of Muhammad. Adherents of Islam are called Muslims, who are estimated to number Islam by country, 2 billion worldwide and are the world's Major religious groups, second-largest religious population after Christians. Muslims believe that Islam is the complete and universal version of a Fitra, primordial faith that was revealed many times through earlier Prophets and messengers in Islam, prophets and messengers, including Adam in Islam, Adam, Noah in Islam, Noah, Abraham in Islam, Abraham, Moses in Islam, Moses, and Jesus in Islam, Jesus. Muslims consider the Quran to be the verbatim word of God in Islam, God and the unaltered, final revelation. Alongside the Quran, Muslims also believe in previous Islamic holy books, revelations, such as the Torah in Islam, Tawrat (the Torah), the Zabur (Psalms), and the Gospel in Islam, Injil (Gospel). They believe that Muhammad in Islam ...
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Contract
A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more parties. A contract typically involves consent to transfer of goods, services, money, or promise to transfer any of those at a future date. The activities and intentions of the parties entering into a contract may be referred to as contracting. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or equitable remedies such as specific performance or rescission. A binding agreement between actors in international law is known as a treaty. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Like other areas of private law, contract law varies between jurisdictions. In general, contract law is exercised and governed either under common law jurisdictions, civil law jurisdictions, or mixed-law jurisdictions that combine elem ...
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Marriage
Marriage, also called matrimony or wedlock, is a culturally and often legally recognised union between people called spouses. It establishes rights and obligations between them, as well as between them and their children (if any), and between them and their Affinity (law), in-laws. It is nearly a cultural universal, but the definition of marriage varies between cultures and religions, and over time. Typically, it is an institution in which interpersonal relationships, usually sexual, are acknowledged or sanctioned. In some cultures, marriage is recommended or considered to be Premarital sex, compulsory before pursuing sexual activity. A marriage ceremony is called a wedding, while a private marriage is sometimes called an elopement. Around the world, there has been a general trend towards ensuring Women's rights, equal rights for women and ending discrimination and harassment against couples who are Interethnic marriage, interethnic, Interracial marriage, interracial, In ...
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Sharia
Sharia, Sharī'ah, Shari'a, or Shariah () is a body of religious law that forms a part of the Islamic tradition based on Islamic holy books, scriptures of Islam, particularly the Quran, Qur'an and hadith. In Islamic terminology ''sharīʿah'' refers to immutable, intangible divine law; contrary to ''fiqh'', which refers to its interpretations by Ulama, Islamic scholars. Sharia, or fiqh as traditionally known, has always been used alongside urf, customary law from the very beginning in Islamic history; has been elaborated and developed over the centuries by fatwa, legal opinions issued by mufti, qualified jurists – reflecting the tendencies of Schools of Fiqh, different schools – and integrated and with various economic, penal and administrative laws issued by Muslims, Muslim rulers; and implemented for centuries by Qadi, judges in the courts until recent times, when secularism was widely adopted in Islamic societies. Traditional Principles of Islamic jurisprudence, theory o ...
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