Islamic family jurisprudence
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Islamic family jurisprudence ( ar, فقه الأسرة الإسلامية, ) or Islamic family law or Muslim Family Law is the
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 ...
of laws and regulations related to maintaining of Muslim family, which are taken from
Quran The Quran (, ; Standard Arabic: , Classical Arabic, Quranic Arabic: , , 'the recitation'), also romanized Qur'an or Koran, is the central religious text of Islam, believed by Muslims to be a revelation in Islam, revelation from God in Islam, ...
,
hadith Ḥadīth ( or ; ar, حديث, , , , , , , literally "talk" or "discourse") or Athar ( ar, أثر, , literally "remnant"/"effect") refers to what the majority of Muslims believe to be a record of the words, actions, and the silent approval ...
,
fatwa A fatwā ( ; ar, فتوى; plural ''fatāwā'' ) is a legal ruling on a point of Islamic law (''sharia'') given by a qualified '' Faqih'' (Islamic jurist) in response to a question posed by a private individual, judge or government. A jurist i ...
s of Muslim jurists and
ijma ''Ijmāʿ'' ( ar, إجماع , " consensus") is an Arabic term referring to the consensus or agreement of the Islamic community on a point of Islamic law. Sunni Muslims regard ''ijmā as one of the secondary sources of Sharia law, after the Qur ...
of the Muslims. It contains
pubertal Puberty is the process of physical changes through which a child's body matures into an adult body capable of sexual reproduction. It is initiated by hormonal signals from the brain to the gonads: the ovaries in a girl, the testes in a boy. ...
,
marital 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 t ...
,
sexual Sex is the biological distinction of an organism between male and female. Sex or SEX may also refer to: Biology and behaviour *Animal sexual behaviour **Copulation (zoology) **Human sexual activity **Non-penetrative sex, or sexual outercourse ** ...
, child upbringing, adoption and fostering,
inheritance Inheritance is the practice of receiving private property, Title (property), titles, debts, entitlements, Privilege (law), privileges, rights, and Law of obligations, obligations upon the death of an individual. The rules of inheritance differ ...
,
criminal In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Can ...
and other related subjects. The subject mainly discusses on foster relationship,
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 ...
,
divorce Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the ...
, 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 muhtalim ( ar, محتلم, pubescent) refers to someone who has reached maturity or
puberty Puberty is the process of physical changes through which a child's body matures into an adult body capable of sexual reproduction. It is initiated by hormonal signals from the brain to the gonads: the ovaries in a girl, the testes in a boy. ...
, and has full responsibility under Islamic law. In Islam, human life is divided into two parts, the first is before adolescence or childhood, when man is considered innocent, and the second is after adolescence (''bulugiyat'') or adulthood, when the Islamic law is fully applied to man and the hereafter is judged. If a person dies before he becomes an adult, he is considered to be in heaven. According to Islamic jurists, human irads or niyah or qasd or free will, aqal or ability to judge right and wrong, and courage are formed before the age of puberty (''Tamyiz'') and between the age of puberty, and after the age of puberty (''Taklif''), his intellect (''Aql''), that is, wisdom and judgment, attains perfection. Therefore, from childhood, that is, before the age of seven, the child is taught the Kitab or knowledge, Adab or etiquette, Ibadat or worship and Taharat or cleanliness, because at this time the child is easily fit to receive education.


Marriage

In Islamic law (''sharia''),
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 ...
(''nikāḥ'' نکاح) is a legal and social
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 tran ...
between two individuals. Marriage is an act of
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 ...
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 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" ...
is forbidden. In
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 ...
,
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 ...
( ar, نِكَاح, Nikāḥ) is a legal
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 tran ...
between a man and a woman. Both the groom and the bride are to consent to the marriage of their own free wills. A formal, binding contract – verbal or on paper – is considered integral to a religiously valid Islamic marriage, and outlines the rights and responsibilities of the groom and bride. Divorce in Islam can take a variety of forms, some executed by a husband personally and some executed by a religious court on behalf of a plaintiff wife who is successful in her legal divorce petition for valid cause. In addition to the usual marriage until death or divorce, there is a different fixed-term marriage known as zawāj al-mutʻah ("pleasure marriage") permitted only by the
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 t ...
branch of Shi'ite Islam for a pre-fixed period.Berg, H
"Method and theory in the study of Islamic origins"
Brill 2003 , 9789004126022. Accessed at Google Books 15 March 2014.
Hughes, 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. pp. 47–53.
There is also Nikah Misyar, a non-temporary marriage with the removal of some conditions such as living together, permitted by some Sunni scholars.


Sexual

Islamic sexual jurisprudence ( ar, الفقه الجنسي الإسلامي, ) is a part of family,
marital 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 t ...
, hygienical and criminal jurisprudence of
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 ...
that concerns the Islamic laws of
sexuality Human sexuality is the way people experience and express themselves sexually. This involves biological, psychological, physical, erotic, emotional, social, or spiritual feelings and behaviors. Because it is a broad term, which has varied ...
in
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 ...
, as largely predicated on the
Qur'an The Quran (, ; Standard Arabic: , Quranic Arabic: , , 'the recitation'), also romanized Qur'an or Koran, is the central religious text of Islam, believed by Muslims to be a revelation from God. It is organized in 114 chapters (pl.: , sing. ...
, the sayings of Muhammad (''
hadith Ḥadīth ( or ; ar, حديث, , , , , , , literally "talk" or "discourse") or Athar ( ar, أثر, , literally "remnant"/"effect") refers to what the majority of Muslims believe to be a record of the words, actions, and the silent approval ...
'') and the rulings of religious leaders' (''
fatwa A fatwā ( ; ar, فتوى; plural ''fatāwā'' ) is a legal ruling on a point of Islamic law (''sharia'') given by a qualified '' Faqih'' (Islamic jurist) in response to a question posed by a private individual, judge or government. A jurist i ...
'') confining sexual activity to
marital 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 t ...
relationships between men and women. While most traditions discourage
celibacy Celibacy (from Latin ''caelibatus'') is the state of voluntarily being unmarried, sexually abstinent, or both, usually for religious reasons. It is often in association with the role of a religious official or devotee. In its narrow sense, the ...
, all encourage strict chastity,
modesty Modesty, sometimes known as demureness, is a mode of dress and deportment which intends to avoid the encouraging of sexual attraction in others. The word "modesty" comes from the Latin word ''wikt:modestus, modestus'' which means "keeping within ...
and
privacy Privacy (, ) is the ability of an individual or group to seclude themselves or information about themselves, and thereby express themselves selectively. The domain of privacy partially overlaps with security, which can include the concepts of a ...
with regard to any relationships between genders, holding forth that their intimacy as perceived within Islamencompassing a swath of life broader than sexual activityis largely reserved for marriage. This sensitivity to gender difference, gender seclution and
modesty Modesty, sometimes known as demureness, is a mode of dress and deportment which intends to avoid the encouraging of sexual attraction in others. The word "modesty" comes from the Latin word ''wikt:modestus, modestus'' which means "keeping within ...
outside of marriage can be seen in current prominent aspects of Islam, such as interpretations of
Islamic dress Islamic clothing is clothing that is interpreted as being in accordance with the teachings of Islam. Muslims wear a wide variety of clothing, which is influenced not only by religious considerations, but also by practical, cultural, social, and ...
and degrees of
gender segregation Sex segregation, sex separation, gender segregation or gender separation is the physical, legal, or cultural separation of people according to their biological sex. Sex segregation can refer simply to the physical and spatial separation by sex w ...
.


Criminal

Islamic criminal law ( ar, فقه العقوبات) is
criminal law Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law i ...
in accordance with
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 H ...
. Strictly speaking, Islamic law does not have a distinct corpus of "criminal law". It divides crimes into three different categories depending on the offense – ''
Hudud ''Hudud'' (Arabic: ''Ḥudūd'', also transliterated ''hadud'', ''hudood''; plural of ''hadd'', ) is an Arabic word meaning "borders, boundaries, limits". In the religion of Islam it refers to punishments that under Islamic law ( sharīʿah) ar ...
'' (crimes "against God", whose punishment is fixed in the
Quran The Quran (, ; Standard Arabic: , Classical Arabic, Quranic Arabic: , , 'the recitation'), also romanized Qur'an or Koran, is the central religious text of Islam, believed by Muslims to be a revelation in Islam, revelation from God in Islam, ...
and the Hadiths), ''
Qisas ''Qisas'' or ''Qiṣāṣ'' ( ar, قِصَاص, Qiṣāṣ, lit=accountability, following up after, pursuing or prosecuting) is an Islamic term interpreted to mean "retaliation in kind",Mohamed S. El-Awa (1993), Punishment In Islamic Law, Amer ...
'' (crimes against an individual or family whose punishment is equal retaliation in the Quran and the Hadiths), and '' Tazir'' (crimes whose punishment is not specified in the Quran and the Hadiths, and is left to the discretion of the ruler or Qadi, i.e. judge). Some add the fourth category of ''Siyasah'' (crimes against government), while others consider it as part of either Hadd or Tazir crimes. Zinā () or zina ( or ) is an Islamic legal term referring to unlawful sexual intercourse. According to traditional jurisprudence, zina can include adultery (of married parties),
fornication Fornication is generally consensual sexual intercourse between two people not married to each other. When one or more of the partners having consensual sexual intercourse is married to another person, it is called adultery. Nonetheless, John ...
(of unmarried parties),
prostitution Prostitution is the business or practice of engaging in Sex work, sexual activity in exchange for payment. The definition of "sexual activity" varies, and is often defined as an activity requiring physical contact (e.g., sexual intercourse, n ...
, rape, sodomy, homosexuality, incest, and bestiality. Although classification of homosexual intercourse as zina differs according to legal school, the majority apply the rules of zinā to homosexuality, mostly male homosexuality. The
Quran The Quran (, ; Standard Arabic: , Classical Arabic, Quranic Arabic: , , 'the recitation'), also romanized Qur'an or Koran, is the central religious text of Islam, believed by Muslims to be a revelation in Islam, revelation from God in Islam, ...
disapproved of the promiscuity prevailing in Arabia at the time, and several verses refer to unlawful sexual intercourse, including one that prescribes the punishment of 100 lashes for fornicators. Four witnesses are required to prove the offense. Zina thus belongs to the class of ''hadd'' (pl. ''
hudud ''Hudud'' (Arabic: ''Ḥudūd'', also transliterated ''hadud'', ''hudood''; plural of ''hadd'', ) is an Arabic word meaning "borders, boundaries, limits". In the religion of Islam it refers to punishments that under Islamic law ( sharīʿah) ar ...
'') crimes which have Quranically specified punishments. Although stoning for zina is not mentioned in the Quran, all schools of traditional jurisprudence agreed on the basis of
hadith Ḥadīth ( or ; ar, حديث, , , , , , , literally "talk" or "discourse") or Athar ( ar, أثر, , literally "remnant"/"effect") refers to what the majority of Muslims believe to be a record of the words, actions, and the silent approval ...
that it is to be punished by stoning if the offender is ''muhsan'' (adult, free, Muslim, and having been married), with some extending this punishment to certain other cases and milder punishment prescribed in other scenarios. The offenders must have acted of their own free will. According to traditional jurisprudence, zina must be proved by testimony of four eyewitnesses to the actual act of penetration, or a confession repeated four times and not retracted later. Rape was traditionally prosecuted under different legal categories which used normal evidentiary rules.A. Quraishi (1999), Her honour: an Islamic critique of the rape provisions in Pakistan's ordinance on zina, ''Islamic studies'', Vol. 38, No. 3, pp. 403–431 Making an accusation of zina without presenting the required eyewitnesses is called ''qadhf'' (), which is itself a ''hadd'' crime. DeLong-Bas, ''Wahhabi Islam'', 2004: 89–90


Children

The topic of Islam and children includes the rights of children in
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 ...
, the duties of children towards their parents, and the rights of parents over their children, both biological and
foster children Foster care is a system in which a minor has been placed into a ward, group home (residential child care community, treatment center, etc.), or private home of a state- certified caregiver, referred to as a "foster parent" or with a family me ...
. Also discussed are some of the differences regarding rights with respect to different schools of thought.


Adoption and fostering

Raḍā or riḍāʿa ( ar, رضاع, رضاعة  , "breastfeeding") is a technical term in
Sunni Sunni Islam () is the largest branch of Islam, followed by 85–90% of the world's Muslims. Its name comes from the word '' Sunnah'', referring to the tradition of Muhammad. The differences between Sunni and Shia Muslims arose from a disagr ...
Islamic jurisprudence ''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 e ...
(''
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 ...
'') of family meaning "the suckling which produces the legal impediment to marriage of foster-kinship", and refers to the fact that under Sunni jurispurdence, a wet nurse is considered related to the infant she nurses. The term derives from the infinitive noun of the Arabic word ''radiʿa'' or ''radaʿa'' ("he sucked the breast of his mother"). Often it is translated as " fosterage" or " milk kinship". The concept of ''radāʿ'' derives from Islamic and pre-Islamic notions concerning the state of blood relations whereby a wet nurse (and her close relations) and the baby she is nursing (and his or her close family) are deemed related to one another (a status known as mahram) through the act of breastfeeding. One important consequence is that the wet nurse and her family are forbidden to marry the baby and members of the baby's family (e.g. the nursling's biological brother with the milk-mother's biological daughter). Conversely, the milk-relationship allows usually forbidden familiarities between the two groups, (e.g. if the nursling is male, when he becomes an adult he may view the milk-mother and her close female relatives unveiled or
in private "In Private" is a song by British singer Dusty Springfield, released as a single on 20 November 1989. It was Springfield's third single in a row to be a chart success, after an absence of nearly two decades from the charts. Both "In Private" and ...
, exactly as if he were a relation).


Divorce

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 Repudiation may refer to: * Repudiation (marriage), the formal act by which a husband forcibly renounces his wife in certain cultures and religions *Disownment, the formal act by which a parent forcibly renounces his child *Anticipatory repudiatio ...
), ''khulʿ'' (mutual divorce), judicial divorce and oaths. The theory and practice of divorce in the Islamic world have varied according to time and place. Historically, the rules of divorce were governed by
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 H ...
, 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 were codified, they generally remained "within the orbit of Islamic law", but control over the norms of divorce shifted from traditional jurists to the state.


Inheritance

Islamic Inheritance jurisprudence is a field of
Islamic jurisprudence ''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 e ...
( ar, فقه) that deals with inheritance, a topic that is prominently dealt with in the Qur'an. It is often called ''Mīrāth'', and its branch of Islamic law is technically known as ''ʿilm al-farāʾiḍ'' ( ar, علم الفرائض, "the science of the ordained quotas"). Heirs referred to as primary heirs are always entitled to a share of the inheritance, they are never totally excluded. These primary heirs consist of the spouse relict, both parents, the son and the daughter. All remaining heirs can be totally excluded by the presence of other heirs. But under certain circumstances, other heirs can also inherit as residuaries, namely the father, paternal grandfather, daughter, agnatic granddaughter, full sister, consanguine sister and mother.Islamic Laws of Inheritance
r. Abid Hussain
Those who inherit are usually categorized into three groups: # Quota-heirs (dhawu al-farāʾḍ), This group includes four males and eight females. The male quota-heirs are the husband, father, paternal grandfather and maternal brother. The females quot-heirs are the wife, daughter, granddaughter, mother, grandmother, full sister, paternal sister and maternal sister. However, there are scenarios that could move the daughter, granddaughter, father, grandfather, full siblings and paternal siblings to the second group ('asaba). # Members of the ʿaṣaba (residuaries), usually a combination of male (and sometimes female) relatives that inherit as residuaries after the shares of the Quota-heirs is distributed. # Extended family members (dhawu al arham): This includes any blood relative who is not a quot-heir or 'asaba (residuary). Examples include maternal grandfather, aunts, nieces and female cousins.


See also

* Fiqh * Wali (Islamic legal guardian)


References

{{Islam topics