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Islamic Family Jurisprudence
Islamic family jurisprudence ( ar, فقه الأسرة الإسلامية, ) 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, specially of the muslim-majority countries. Maturity In Islamic legal terminology, bāligh ( ar, بالغ, adult) or mukallaf ( ar, مكلف, responsible) of muhallaq ( ar, محلاق, tendril, mentally matured) or murahiq (, frequently errant, evildoer in a hurry) or muhtal ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fiqh
''Fiqh'' (; ar, فقه ) is Islamic jurisprudence. Muhammad-> Companions-> Followers-> Fiqh. The commands and prohibitions chosen by God were revealed through the agency of the Prophet in both the Quran and the Sunnah (words, deeds, and examples of the Prophet passed down as hadith). The first Muslims (the Sahabah or Companions) heard and obeyed, and passed this essence of Islam to succeeding generations (''Tabi'un'' and ''Tabi' al-Tabi'in'' or successors/followers and successors of successors), as Muslims and Islam spread from West Arabia to the conquered lands north, east, and west, Hoyland, ''In God's Path'', 2015: p.223 where it was systematized and elaborated Hawting, "John Wansbrough, Islam, and Monotheism", 2000: p.513 The history of Islamic jurisprudence is "customarily divided into eight periods": El-Gamal, ''Islamic Finance'', 2006: pp. 30–31 *the first period ending with the death of Muhammad in 11 AH. *second period "characterized by personal interp ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Iddah
In Islam, ''iddah'' or ''iddat'' ( ar, العدة, al-ʿidda; "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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Shia Islam
Shīʿa Islam or Shīʿīsm is the second-largest branch of Islam. It holds that the Islamic prophet Muhammad designated ʿAlī ibn Abī Ṭālib as his successor (''khalīfa'') and the Imam (spiritual and political leader) after him, most notably at the event of Ghadir Khumm, but was prevented from succeeding Muhammad as the leader of the Muslims as a result of the choice made by some of Muhammad's other companions (''ṣaḥāba'') at Saqifah. This view primarily contrasts with that of Sunnī Islam, whose adherents believe that Muhammad did not appoint a successor before his death and consider Abū Bakr, who was appointed caliph by a group of senior Muslims at Saqifah, to be the first rightful (''rāshidūn'') caliph after Muhammad. Adherents of Shīʿa Islam are called Shīʿa Muslims, Shīʿītes, or simply Shīʿa or Shia. Shīʿa Islam is based on a ''ḥadīth'' report concerning Muhammad's pronouncement at Ghadir Khumm.Esposito, John. "What Everyone Nee ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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'' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Nikah Mut'ah
''Nikah mut'ah'' ar, نكاح المتعة, nikāḥ al-mutʿah, literally "pleasure marriage"; temporary marriage or Sigheh ( fa, صیغه ، ازدواج موقت) is a private and verbal temporary marriage contract that is practiced in Twelver Shia Islam in which the duration of the marriage and the ''mahr'' must be specified and agreed upon in advance.Berg H"Method and theory in the study of Islamic origins" Brill 2003 , 9789004126022. Accessed at Google Books 15 March 2014. pp. 167-171,176Hughes T''A Dictionary of Islam'' Asian Educational Services 1 December 1995. Accessed 15 April 2014.Pohl F"Muslim world: modern muslim societies." Marshall Cavendish, 2010. , 1780761479277 Accessed at Google Books 15 March 2014. It is a private contract made in a verbal or written format. A declaration of the intent to marry and an acceptance of the terms are required as in other forms of marriage in Islam. According to Shia Muslims, Muhammad sanctioned ''nikah mut'ah'' (fixed-term m ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Islamic Marriage Contract
An Islamic marriage contract is considered an integral part of an Islamic marriage, and outlines the rights and responsibilities of the groom and bride or other parties involved in marriage proceedings under Sharia. Whether it is considered a formal, binding contract depends on the jurisdiction. Islamic faith marriage contracts are not valid in English law. Witnessing In Sunni Islam, a marriage contract must have at least two witnesses. Proper witnessing is critical to the validation of the marriage, also acting as a protection against suspicions of adulterous relationships. In Shia Islam, witnesses to a marriage are not necessary. It is also believed that temporary marriage, or Nikah Mut'ah (a type of contract which had more relaxed requirements) was prohibited in Sunni Islam, the necessity of witnessing was introduced by Sunni caliphs, specifically Umar, to ensure that no couples engaged in secret union. Authorization Marriages are usually not held in mosques, (depending ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 4 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. Polyandry is ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Polygny In Islam
Traditional Sunni and Shia Islamic marital jurisprudence allows Muslim men to be married to multiple women (a practice known as polygyny). Scriptural basis The verse most commonly referred to with the topic of polygamy is Verse 3 of Surah 4 An-Nisa (Women). A translation by Yusuf Ali is shown below: It is believed these Verses were revealed after the Battle of Uhud, in which many Muslim men were killed, leaving widows and orphans. Thus, many argue that these Verses have been revealed "because of Allah's concern for the welfare of women and orphans who were left without husbands and fathers who died fighting for the Prophet and for Islam. It is a verse about compassion towards women and their children; it is not about men or their sexuality." In the second part of Verse 4:3, the Qu’ran states "but if ye fear that ye shall not be able to deal justly (with them), then only one, or (a captive) that your right hands possess, that will be more suitable, to prevent you from doi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Islam
Islam (; ar, ۘالِإسلَام, , ) is an Abrahamic religions, Abrahamic Monotheism#Islam, monotheistic religion centred primarily around the Quran, a religious text considered by Muslims to be the direct word of God in Islam, God (or ''Allah'') as it was revealed to Muhammad, the Muhammad in Islam, main and final Islamic prophet.Peters, F. E. 2009. "Allāh." In , edited by J. L. Esposito. Oxford: Oxford University Press. . (See alsoquick reference) "[T]he Muslims' understanding of Allāh is based...on the Qurʿān's public witness. Allāh is Unique, the Creator, Sovereign, and Judge of mankind. It is Allāh who directs the universe through his direct action on nature and who has guided human history through his prophets, Abraham, with whom he made his covenant, Moses/Moosa, Jesus/Eesa, and Muḥammad, through all of whom he founded his chosen communities, the 'Peoples of the Book.'" It is the Major religious groups, world's second-largest religion behind Christianity, w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contract
A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to transfer any of those at a future date. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or rescission. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Contract law, like other areas of private law, varies between jurisdictions. The various systems of contract law can broadly be split between common law jurisdictions, civil law jurisdictions, and mixed law jurisdictions which combine elements of both common and civil law. Common law jurisdictions typically require contracts to include consideration in order to be valid, whereas civil and most mixed law jurisdictions solely require a meeting of the mind ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Marriage
Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between them and their in-laws. It is considered 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 compulsory before pursuing any sexual activity. A marriage ceremony is called a wedding. Individuals may marry for several reasons, including legal, social, libidinal, emotional, financial, spiritual, and religious purposes. Whom they marry may be influenced by gender, socially determined rules of incest, prescriptive marriage rules, parental choice, and individual desire. In some areas of the world, arrang ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 crimes are ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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