This article aims to evaluate the types of customary marriage, the reasons that paved the way for its spread, the sociological approach of the people with statistical data, and the evaluation in terms of Islamic Fiqh (jurisprudence). In the study, it has been tried to reach the right result by considering the social reasons and legal norms together. In order to correctly evaluate people's orientation to customary marriage, statistical data was used in the study, thus it was aimed (...) to reveal the sociological dimension of the research. In the research, firstly, the definition of the concept of marriage, its elements, conditions and types were briefly explained and the conceptual, legal framework and imagination of marriage were drawn. Thus, the main concepts and norms in which the customary marriage will be evaluated and compared have been put forward. Afterwards, the definition of customary marriage, which is the main subject of the study, its types, the countries where it is spreading, statistical data, the reasons that paved the way for its emergence, and Islamic Fiqh from the classical to the present were made. As a result, customary marriage was performed in three different ways, two of which were permissible, one was not; It has been determined that the applicants for this wedding are generally those who want to have more than one marriage and the university students. It has been seen that this customary marriage has some positive and negative consequences, and those who look at its positive aspects are allowed, while those who consider its negative aspects are not. However, from the classical period to the present, it has been determined that it is permissible for the public to hide the two-witness marriage on the grounds that it fulfills the condition of announcement, even if it is demanded from the witness. (shrink)

Yıldız Atasoy’s recent survey of state transformation in Turkey reiterates some of the most typical shortcomings of Marxian approaches to the Ottoman/Turkish modernisation. This involves an ahistorical conception of capitalism reduced to commercial expansion and a structuralist method that transhistoricises the historical differentiation of the economic from the political. Combined together in Atasoy’s book, capitalism no longer exists in the shape of specific social relations and particular juridical/political forms, but rather it precedes and determines them. Consequently, social struggles over production (...) and reproduction are separated from and no longer implicated within struggles over the redefinition of citizenship, secularism and democracy. An implicit economic determinism eventually prevails, reproducing functionalist modes of argumentation. Based on a theoretical and historical critique of Atasoy’s argument, this review seeks to provide new insights into Ottoman/Turkish modernity from a Political Marxist perspective. (shrink)

The principle of the best interests of children must be the main consideration in adjudicating applications for marriage dispensation. However, its implementation becomes problematic when faced with provisions on the ability to grant marriage dispensations for urgent reasons. This article examines how the best interests of children are implemented in legal applications for marriage dispensation in religious court. It employs a socio-legal approach with a maqāsid al-syarī'ah cum-mubadalah perspective. This article proposes that the principle of the best (...) interests of children is yet considered by judges effectively in deciding the cases. This does not reflect the protection of the child’s life, heredity, intellect, property, and religion, and does not consider the unique experiences of women both biologically and socially. Judges have a biased perspective in measuring the meaning of maturity and readiness of girls to marry, ignoring children's rights in education and reproductive health, and subordinate women in the spiritual realm. (shrink)

The teachings of Islam and the Indonesian constitution clearly prohibit interfaith marriage. However, some Muslim communities in North Sulawesi as a minority group have entered into interfaith marriages. Therefore, this study aims to analyze the phenomenon of interreligious marriage in North Sulawesi and the achievement of minority fiqh objectives in interfaith families. This research is a field research that uses qualitative methods with a phenomenological approach. Data collection was conducted through interviews with informants consisting of 5 interfaith (...) class='Hi'>marriage actors, 1 village official, and 1 religious leader. The results showed that the main motivation for interfaith couples to marry is mutual love. They also tend to get support from their respective extended families so that the marriage runs relatively smoothly and safely. The objectives of minority fiqh are achieved in interfaith marriages in the multicultural society of North Sulawesi. Minority fiqh can be an approach in interfaith marriages in multicultural societies where Muslims are a minority, without losing their Islamic essence, it is based on the fiqh rule that changes in law can occur due to changes in times and places. Minority jurisprudence can be an alternative basis for the sustainability of interfaith families in North Sulawesi that are able to maintain their Islamic identity while still respecting their partner's beliefs. (shrink)

This research focuses on the issue of human rights violations, particularly those affecting Muslim women in Indonesian diaspora marriages in Russia. Despite the regulations set by the Family Code of the Russian Federation, there have been reports of abuse, expulsion, withholding of documents and unilateral divorce. The purpose of this qualitative research using Smith’s phenomenological approach is to analyse the root causes of these violations and provide solutions. Data were collected through in-depth interviews, observation and documentation analysis. The results showed (...) that domestic violence was caused by a lack of self-concern and lack of cultural, legal and legal administration literacy. This lack of literation contributes to the violation of the rights of married diaspora women in Russia. Self-protection can be enhanced by increasing faith-based marriage literacy and cultural and legal literacy. Contribution: This research provides insight into the factors contributing to human rights violations in Indonesian diaspora marriages in Russia and proposes solutions to prevent such violations. The findings of this study can also serve as a basis for future research in the field of human rights and diaspora. (shrink)

Between Christ and Caliph: Law, Marriage, and Christian Community in Early Islam. By Lev E. Weitz. Divinations: Rereading Late Ancient Religion. Philadelphia: University of Pennsylvania Press, 2018. Pp. viii + 340. $65.

In this article, I examine the case for privatising marriage and replacing civil marriage with inclusive civil union policies. I argue against this proposal because of its likely detrimental impact on the social standing of women and girls. In order to assess the importance of civil marriage historically and cross-culturally, I examine a contemporary debate over marriage reform in some predominantly Islamic societies in regard to temporary marriage. I also propose a policy to protect the (...) interests of children of both married and unmarried parents, so that this issue will be less of a stumbling block to proposals for inclusive civil marriage. (shrink)

Islam Nusantara is not a new religion, a rival of Islam, sect, or a usual mazhab, but actually is a character of thoughtful mazhab or manhaj Islam. Islam Nusantara is just an approach in practicing Islamic teachings, namely cultural approaches. This Islam has the most prominent character which is called as wasathiyah that is reflected in some attitude such as, inclusive, tolerant, friendly, respect other parties, friendly with diverse cultures and religions, tasamuh, tawazun, and i’tidal. Islam Nusantara sees local cultures (...) as “oxygen”; filters and then respect good culture and tradition so it can have a dialogue with the environment around it positively. This cultural approach has been successfully used by the Walisongo in preaching using tembang, Wayang Kulit, socializing key terms, and so on. In the faith, Islam Nusantara is manifested in some rituals, tahlilan, istighasah, haul akbar, and selametan. Furthermore, in fiqh it’s such as imsak, zakat, halal-bihalal, marriage registration, marriage book, and the reading of ta’liq talaq. Islam Nusantara successfully consolidate Islam with nationalism so both of them are harmonious, and bring the tradition together with modernization through slogan a l-muhafadzah ‘ala al-qadîm al-salih wa al-akhdz bi al-jadîdal-aslah [keep the old good tradition and take a new and better tradition]. (shrink)

Bangladesh is a Muslim-majority society with more than 163 million people. Most Bangladeshis hold the ideals of Islamic norms and values which is manifest in all sorts of socio-cultural behaviour. In reference to such values, the tradition of legitimizing child marriage in Bangladesh is the issue that needs to be addressed in a holistic yet rigorous approach. Currently Bangladesh ranks 4th in the world and 1st in Asia in terms of child marriage. Recently the Child Marriage Restraint (...) Act 1929 has been abolished and it has been replaced by the Act of 2017 preserving article 2 of the previous statute, the legal age for marriage for a boy 21 and for a girl 18. This Act adds article 19 which legalizes minors (below 18 years of age) to be married off with the consent of the parents/guardians at the presence of a magistrate under “special circumstances” deemed with securing the best interest for them. The law artfully coincides with the Muslim Marriage Law which allows participants of 15 years and above to get legally married and as such contradicts the international law and the Act of 2017 itself. In the West intimate relationships including extra-marital cohabitation before reaching 18 years of age are culturally accepted. In contrast, such extra-marital and intimate relationships are strictly prohibited in Muslim-majority societies, which are dearly adhered in Bangladeshi Muslim culture. This study examines how the religious cultural and socio-economic realities influence child marriage practice in Bangladesh. Along with secondary documents, we interviewed 22 individuals including the Deputy Commissioner, the District Women and Children Affairs Officer, elected Union Parishad Chairman and Members, Social Workers, married couples and their parents/guardians at Manikganj district. In addition, we also conducted a mass survey with 62 randomly selected participants, and a voluntary online survey where the opinion of another 53 young students were collected to find broad opinion. We also collected stories of how marriages take place at the rural, urban and sub-urban areas in Bangladesh. The study has revealed that Bangladeshis does not support marriage at early ages but socio-economic reality often pushes poor into getting their children married at early ages. Many view that the special provision may encourage child marriage in the country. This study suggests that the government of Bangladesh should redefine public policy in regard to finding a middle ground between Islamic ethics and international values by exploring isomorphic mimicry and other socio-culturally accepted measures with a view to abolishing child marriage successfully. (shrink)

In Islamic law paternity is treated as a consequence of a licit sexual relationship. Since DNA testing makes a clear distinction between legal and biological paternity possible, it challenges the continued correlation between paternity and marriage. This article explores the foundations of paternity regulations in the Islamic ethico-legal tradition, with a particular focus on what is termed here “the licit sex principle,” and investigates the extent to which a harm-based argument can be made either by appeal to or against (...) Islamic paternity regulations. It argues that in Islamic bioethics the definition of harm and its boundaries is a function of both: (1) identification of legal and religious rights and the extent to which these rights are violated; and (2) balancing and reconciling perceived harm against both specific principles in relation to a given issue and also the overarching objectives of Islamic law. The article is divided into three main sections addressing the Islamic legal, ethical, and bioethical dimensions of paternity. (shrink)

Gendered Morality offers a textual-critical examination of gender in Islamic metaphysics and virtue ethics. Through a close reading of how masculinity and femininity are constructed, the book argues that the historically contingent nature of gender hierarchy, characterized as Islamic and ethical, is at odds with the overarching goal of Islamic ethics as earthly justice. Because the book moves beyond the typical Qur'anic and jurisprudence-based discourses about women's status, it makes a lasting contribution to our understanding of gender in the ethical (...) philosophy of Islam. (shrink)

Non-medical or Social egg freezing (oocyte cryopreservation) is currently a controversial topic in Islam, with contradictory fatwas being issued in different Muslim countries. While Islamic authorities in Egypt permit the procedure, fatwas issued in Malaysia have banned single Muslim women from freezing their unfertilized eggs (vitrified oocytes) to be used later in marriage. The underlying principles of the Malaysian fatwas are that (i) sperm and egg cells produced before marriage, should not be used during marriage to conceive (...) a child; (ii) extraction of mature egg cells from single women being unacceptable; and (iii) fertility preservation in anticipation of late marriage is a conjecture that has not yet occurred. Ovarian tissue freezing can potentially be a more Shariah-compliant alternative to social egg freezing, because once the frozen ovarian cortical tissue sections have been re-transplanted back into the woman, mature egg cells can readily be produced, collected, and fertilized by the husband’s sperm only during the period of marriage contract (′akd al-nikāḥ). Unlike accidental mix-ups with frozen eggs, muddling of lineage (nasab) would be automatically avoided in ovarian tissue freezing due to immunological rejection. However, upon critical analysis based on Qawā’id Fiqhiyyah (Islamic Legal Maxims), Maqāṣid-al-Shariah (Higher Objectives of Islamic Law), and Maslaḥah-Mafsadah (benefits versus harmful effects on society), elective ovarian tissue freezing by healthy single women for social reasons would likely be a highly contentious and controversial issue within Muslim communities that may conflict with conservative social-religious norms. This thus needs further debate among Islamic jurists in dialogue with medical doctors and biomedical scientists. (shrink)

Çocuk evliliği, tarih boyunca farklı toplumlarda bilinen ve uygulanan sosyal bir olgu olsa da son zamanlarda, modern duyarlılıkları giderek daha fazla rahatsız eden bir hal almıştır. Son iki asır öncesine kadar, Avrupa hukuki düşüncesinde çocuklar yargı önünde farklı bir muamele görmelerine imkan veren istisnai bir statüye sahip değildi. Diğer taraftan, İslam hukukunun çocuklara, özel bir hukuki statü kazandırma konusunda bazı öncü adımlar attığını söyleyebiliriz. Nitekim, en eski İslam hukuku kitaplarının bile, insanın fiziksel ve zihinsel gelişim aşamalarına ve her bir aşamada (...) ortaya çıkan hukuki hükümlere dair son derece teknik ayrıntılarla dolu olduğunu görebiliriz. Ancak çocuk hakları konusundaki bu erken farkındalığa rağmen, çocuk evliliği olgusu hem İslam toplumlarında hem de İslam hukukunda kendini gösterebilmiştir. Çünkü, İslam çocuk hukuku, ilk ortaya çıktığı dönemin kültürel şartlarından ciddi şekilde etkilenmiştir. Üstelik bu kültürel şartlar, İslam dünyası boyunca İslam çocuk hukukunun temel zemini olma işlevini sürdüre gelmiştir. Bu çalışma, alimlerin çocuk evliliğini delillendirmek üzere yapageldikleri bazı aşırı yorumları ortaya koymaya ve konuyla ilgili âyetleri metinsel bağlamıyla daha uyumlu bir şekilde okumaya çalışmaktadır.Özet: Her bağlam için geçerli olabilecek, standart bir çocuk tanımı yapmak göründüğünden daha güçtür. Bu nedenle çocuk araştırmaları sahasında çalışan akademisyenlerin, muhtelif sosyal disiplinler tarafından yapılacak herhangi bir çocuk tarifi konusunda memnuniyetsizlik içinde olması doğaldır. Diğer yandan, İslam hukukunda baştan beri ayrıntılı bir çocuk hukuku teorisi mevcuttur. İslam hukuk düşüncesinde, insanlar doğum ile yetişkinlik arasındaki gelişim döneminde üç aşamadan geçerler: Çocukluk (küçüklük), buluğ ve rüşt. Bütün fıkıh mezhepleri, insanın doğumu ile ergenliği arasındaki dönemde küçük çocuk sayılacağı kanaatindedirler. Bu çocukların mallarının en iyi şekilde idare edilebilmesi için yasal temsilcileri bulunmak zorundadır. Fakîhler çocuğun velisinin, özellikle de baba veya baba tarafından dedenin, velâyeti altındaki küçük çocuklar üzerinde mücbir bir yetkisi olduğu (velâyet-i mücbire) konusunda geniş bir fikir birliğine sahiptirler. Buna göre veliler, velâyetleri altında bulunan çocukları uygun gördükleri kişilerle evlendirme yetkisine de sahiptirler. Fakat zaman zaman beşik kertmesi olarak da anılan bu uygulama bir ön sözleşmeden ibarettir. Yani bu sözleşme doğrudan doğruya fiziksel boyutları da olan müşterek bir evlilik hayatını meşru kılmamaktadır. Çünkü cinsel hayatın ancak buluğdan sonra gerçekleşmesi ön görülmektedir. Modernite öncesi İslam tarihi boyunca, İbn Şubrume (ö. 144/761), Ebû Bekr el-Esamm (ö. 200/816) ve Osman el-Bettî (ö. 143/760) gibi bir kaç fakih dışında küçük çocukların evlenmesine kategorik olarak karşı çıkan kimselere pek rast gelinmemektedir.Hanefi mezhebinde, herhangi bir zihinsel özrü olmaksızın buluğa eren erkek ve kız çocuklar evlilik konusunda mücbir velâyetin kapsamı dışına çıkarlar. Bu, evlilik sözleşmelerini bizzat gerçekleştirebilecekleri anlamına gelmektedir. Fakat veli, uygunsuz bulduğu evliliğe karşı dava açarak bunu yargı yoluyla geçersiz kılma yoluna gidebilir. Diğer üç Sunnî mezhep ise erkek ve kız çocuklar arasında bir ayrım yapar: Buluğa eren erkek kendi evlilik akdini yapabilme hakkını elde ederken aynı durumdaki kız çocuklar velâyet altında kalmaya devam ederler. Şâfiʿî mezhebine göre, velâyeti gerekli kılan illet (bekaret) hâlâ geçerliliğini korumaktadır. Dolayısıyla veli, kızları evlendirme konusundaki icbâri yetkisini elinde tutmaya devam etmektedir. Bu durumda kızın rızasının alınması, akdin geçerliliği için şart olmaktan ziyade sadece nezaket gereğidir. Rüşte ulaşmak veya fizyolojik olgunlaşma sürecini tamamlamak ise İslam hukukunda evlilik için şart görülmemiştir.Modern zamanlara kadar geleneksel İslam hukukunun erken evlilik lehinde gösterdiği bu yaklaşımda herhangi bir değişiklik olmamıştır. 1917 yılında çıkan Hukuk-ı Aile Kararnamesi daha önce benzeri görülmemiş bir dizi düzenleme getirmiştir: İlk olarak, evlilik yaşı erkek için on sekiz kız için ise on yedi olarak belirlenmiştir. On sekiz yaşın altındaki erkeklerin hakimden evlenme izni alması; on yedi yaşından küçük kızların ise hem veli onayı hem de hakim iznine sahip olması zorunlu hale getirilmiştir. On iki yaşın altındaki erkekler ile dokuz yaşından küçük kızların ise asla evlendirilemeyeceği kararlaştırılmıştır.Mantıkî bağlam ve sentaktik yapı elverişli olmamasına rağmen fakihler çocuk evliliğini desteklemek üzere bazı Kur’ân âyetlerine (Nisâ 4/3-6, Nisâ 4/127, Talâk 65/4) referansta bulunmuşlardır. Makale içeriğinde detaylı şekilde açıklandığı üzere zorlama yorumlamalarda bulunmuşlardır. Bu makale, söz konusu âyetlere daha tutarlı bir yorum getirmeye çalışmaktadır. Aynı şekilde, Kur’an’ın çocuk evliliğini kolaylaştırıcı bir tavır içerisinde olmadığını, çocukların evlendirilebilmesi yönündeki yaklaşımların tarihsel ve kültürel şartlara bağlı olarak yapılan bazı zorlama yorumlara dayandığını ileri sürmektedir.Hz. ʿÂişe’nin Hz. Peygamber ile oldukça erken bir yaşta evlendiğine dair nakledilen rivâyet de konuyla ilgili olarak ileri sürülen başka bir argümandır. Bu rivâyetin sahih olduğuna inanılmaktadır. Buna rağmen ilginç bir şekilde bu rivâyet çok az fakih tarafından kullanılmıştır. Bunun sebebi, fakîhlerin Hz. Peygamberin mahremiyetinden bahsetmek istememeleri olabilir. Rivâyetin hücciyeti konusuna kuşkuya kapılmış olmaları da mümkündür. Söz konusu rivâyete daha yakından bakıldığında, ifadedeki menfi üslup hemen dikkat çekmektedir. Çünkü rivâyette Hz. ʿÂişe, Hz. Peygamberle evlendiği günü anlatırken sürekli olarak fizyolojik ve psikolojik açıdan olumsuz koşullardan bahsetmektedir. Nitekim Hz. ʿÂişe birden bire oynamakta olduğu salıncaktan alınmakta ve kendisinin de bilmediği bir yere doğru götürülmektedir. Rivâyet, sadece çocuk evliliğinin cevazını ortaya koymakla yetinmemekte, sanki aynı zamanda çocukların uygunsuz koşullardaki evlilik taleplerine bile itaatkar olmaları gerektiğini salık vermektedir. İçerik yanında teknik olarak bakıldığında bu rivâyet, haber-i vâhiddir. Çünkü rivâyet, sadece Hz. ʿÂişe tarafından bilinebilecek detayları içermektedir. Tarihî açıdan bir öneme sahip olmasına rağmen dinî hükümlere kanıt olma niteliğinden yoksundur. Çünkü bu rivâyette, râvi konuyla ilgili Hz. Peygamber’e ait resmi bir açıklamayı nakletmemekte; sadece kendi zaviyesinden maruz kaldığı bir durumdan bahsetmektedir. (shrink)

An exciting development in the field of assisted reproductive technologies is In Vitro Gametogenesis (IVG) that enables production of functional gametes from stem cells in the laboratory. Currently, development of this technology is still at an early stage and has demonstrated to work only in rodents. Upon critically examining the ethical dimensions of various possible IVG applications in human fertility treatment from a Sunni Islamic perspective, together with benefit-harm (maslahah-mafsadah) assessment; it is concluded that utilization of IVG, once its efficacy (...) and safety are guaranteed, could be permissible by strictly adhering to Islamic ethical principles related to marriage, biological/genetic relatedness, sexual intercourse, and moral status of the embryo/fetus versus that of the gamete. As a result, IVG will be acceptable for treating primary infertility, age-related infertility, and preventing genetic diseases. However, it will be unacceptable for application in posthumous reproduction, donor gametes, genetic enhancement, and procreation in same-sex couples. (shrink)

This study examined cross-sectional links of the theistic and non-theistic sanctification of marriage and positive and negative religious coping with marital adjustment for 316 married Muslims from Iran. Perceiving marriage to be a manifestation of God and reflective of sacred qualities as well as engaging in positive and negative religious/spiritual coping strategies each uniquely contributed variance to marital adjustment, after controlling for each other and global indicators of devotion to Islam, and demographic variables. Specifically, theistic sanctification, non-theistic sanctification, (...) and positive r/s coping were uniquely tied to higher marital adjustment whereas negative r/s coping was uniquely tied to lower marital adjustment theistic in a hierarchical regression model with all primary variables and controls entered. These findings replicate and extend prior findings on the perceived sanctity of marriage with US samples of predominantly Christians to Muslims living in the Middle East, and offer novel cross-cultural insights into the possible roles that sanctification of marriage and r/s coping may play for marital well-being for non-distressed married Muslims. (shrink)

The Supreme Court Circular Letter Number 2 of 2023, which prohibits the registration of interfaith marriages in Indonesia, aims to provide legal clarity following longstanding debates fueled by the abstract nature of existing norms. While the circular seeks to enforce uniformity in marriage regulations, it raises concerns regarding human rights, especially the rights to freedom, equality, and the pursuit of happiness, which are central to democratic governance. This article seeks to examine interfaith marriage registration by utilizing normative and (...) human rights perspectives to explore its legal foundations and implications within Indonesia’s modern context. The analysis highlights tensions between national law and international human rights conventions, suggesting that interfaith marriage registration should be recognized as a legal right that upholds citizens’ freedoms, religious autonomy, and equality before the law. By situating interfaith marriage within Indonesia’s framework of Islamic jurisprudence (fiqh), legal statutes, and human rights conventions, this article highlights the importance of balancing legal uniformity with the protection of individual rights in a democratic, constitutional state. (shrink)

The concubines, with whom the sultans lived a family life, were classified according to a certain hierarchy in the Harem. The first wives of the sultan and those who gave birth were called Kadınefendi. The other wives with a lower status than the Kadınefendi wives were called Ikbal Hanımefendi. According to Islamic law, marriage with a concubine is not like a marriage with a free woman. If a marriage is desired, the concubine must be freed. Until the (...) 19th century, sultans did not marry their concubines for a few exceptions. In the 19th century, the legal status of concubines in the Ottoman Empire became controversial. The countries of origine changed when the Ottoman Empire was unable to conquer new territory. Consequently, the enslavement procedure of prisoners of war disappeared. Instead, Caucasian immigrants, who had to leave their homeland mainly due to the Russian attacks, gave their daughters to the Ottoman palace so that they would not suffer misery and could reach important positions in the future. Among these were orphans from poor families as well as those from noble Caucasian dynasties. Even though the young women in the palace were called concubines, at least some of them were free/Muslim persons. This meant, that they could not be enslaved according to Islamic law. Although there was no problem for those who served in the palace, a remarkable situation emerged for the would-be spouses of the sultan. Could a woman from a free and Muslim family be the sultan's wife without a marriage bond? Was the limitation of the Kadınefendi numbers to four (in times of Sultan Abdülaziz) due to the Islamic law principle, that a man could marry maximum four wives? Was there a marriage ceremony (nikāh) for Kadınefendi wives? What was the situation of the Ikbal? Satisfactory answers to these questions have not been given yet. However, there are no official records it was claimed that lately sultans married especially their concubines who were Abkhaz descendants and included them among their wives in this way, because they were free and Muslims. Thus, the matter whether Sultan Abdülhamid II's wives were concubines or wedded became the subject of some research today. Memoires claim that almost all of Sultan Abdülhamid's wives were free and of Muslim origin. According to this, it was said that the wives of Sultan Abdülhamid could not have the status of the concubine and that their relationship should have been by marriage. On the other hand, considering that a maximum of four women can be married according to Islamic law, the marriage of the Sultan, who had thirteen wives, raised juristic questions. This problem was most clearly seen in the inheritance case filed by his heirs after the death of Sultan Abdülhamid. In this case, where it was claimed that Sultan Abdülhamid was married to nine wives, no objection was made to that claim. In this study, information about the wives of Sultan Abdülhamid and their legal status was tried to be determined through the documents related to their salaries during the 2nd Constitutional Era. Besides, the issue of nine wedded women, which emerged in the case of Sultan Abdülhamid's inheritance, was evaluated in terms of fiqh (Islamic jurisprudence). Sultan Abdülhamid was never accused of marriages contrary to Islamic law by his opponents during and after his reign. From this point of view, it can be said that there was no situation contrary to Islamic law regarding the Sultan's harem at that time. This might be due to three possibilities: Firstly, some wives have concealed the truth in the court, which is the weakest possibility according to the data obtained. Secondly, the talaq (divorcement) was hidden by Sultan Abdülhamid and his wives were not aware of it. This possibility has been found to be problematic when evaluated in terms of Hanafi fiqh. Thirdly, the practice of al-nikāh al-tanazzuhī (marriage performed in order to avoid from fornication). Considering the correspondence between the state departments in the period starting with the 2nd Constitutional Monarchy and until the Republic, it is clear that the Kadınefendis were regarded as married wives (their number was limited to four), while the Ikbals were regarded as concubines. From this point of view, it is thought that the most plausible possibility is that the Ikbals were regarded as concubines and their marriages were al-nikāh al-tanazzuhī. (shrink)

Fātima is an important figure in Islamic society, both religiously and historically, and is regarded as a symbol of innocence and sanctity, especially in the Shīʿa faith. In this context, her marriage to ʿAlī is considered in Shīʿa theology not only as the union of two great personalities but also as a divine covenant representing the beginning of the chain of imāmate. According to Shīʿa sources, this marriage took place in accordance with God's will and gained a sacred (...) dimension with the Prophet's approval. The marriage also came to the fore as an important element that reinforced the legitimacy of ʿAlī’s caliphate. This article aims to analyze the marriage of Fātima, one of the most important figures in Islamic history, to ʿAlī within the framework of Shīʿa sources and to determine the impact of the religious-political events of later periods on the narratives related to this marriage. While Sunnī sources written in the second and third centuries of the Hijri era contain limited information about Fātima’s biography, Shīʿa sources, especially from the fourth century onwards, contain a large number of narrations about certain periods of her life. From this century onwards, the influence of Shīʿa beliefs on the biography of Fātima became evident in the works of Shīʿa authors. In this process, the roles attributed to Fātima began to diverge from Sunnī sources. These narratives focus on the events of Fātima’s birth, her marriage, and her short life after the death of her father. While Sunnī sources present only a few narratives about her marriage, in Shīʿa literature, this marriage took on an ontological meaning and began to carry a divine character. In the narrations, the choice between the marriage of the first caliphs, who had requested to marry Fātima but were rejected, and ʿAlī’s marriage was reflected in the caliphate debates in the following period and became the starting point of the belief in imāmate. The marriage is seen as a symbol of the religious and political conflicts between ʿAlī and the first caliphs in the early periods and with the Shiite groups in the later periods. The marriage is seen as a symbol of the religious and political conflicts between ʿAlī and the first caliphs in the early periods and with the Shiite groups in the later periods. This article analyzes the marriage of Fātima in historical and theological contexts and reveals the religious and political meanings of this marriage. It critically evaluates how these narratives developed in line with sectarian differences and how they transformed over time in the context of the impact of sociocultural and political elements on these narratives. The analysis reveals that the marriage of Fātima and ʿAlī had a significant impact on religious and political events in Islamic history. While Shīʿa sources consider this marriage as the manifestation of a divine command, they present the characteristics of Fātima and ʿAlī as elements that reinforce the legitimacy of the imāmate. It has been determined that marriage constitutes the ontological foundations of imāmah and has become one of the cornerstones of Shīʿa belief. In Sunnī sources, on the other hand, marriage is treated more as a familial event, which reveals the different perspectives between the two sects. This situation clearly reveals the differences in the historical narratives of marriage. In the narratives, the rejection of the first caliphs who proposed to Fātima led to the formation of a sub-message that they did not deserve the caliphate. Over time, this idea led to marriage acquiring a divine character in Shīʿa theology and becoming a symbolic representation of imāmah. Moreover, the Sunnī sources' treatment of marriage in a simpler context contrasts with the deep theological analysis in Shīʿa sources. In conclusion, the marriage of Fātima and ʿAlī is a critical event that affected the religious and political dynamics of Islamic society and deepened the divergent understandings between the two sects. The differences in narratives about the marriage provide a powerful example of how religious and historical narratives are shaped by social and political factors. (shrink)

Islam gives legal precedence to purity of lineage and known parenthood of all children. In Islam treatment to infertility using IVF is permitted within validity of marriage contract with no genes mixing. The paper shows that the Qur’ān, the word of Allah, and science, the deeds of Allah are not in major conflicts in defining the start of human life. The Holy Qur’ān provides an elegant description of origin, developmental stages of intra-uterine life. The Hadith explains two positions one (...) that believes human embryo get ensouled at conception and the other after 40 days of conception. The paper aims to find that Islam confers moral respect to human embryo, but it also clarifies the absence of full human rights to a developing foetus. In Islam, human embryonic use is probably permissible for therapeutic and reproductive purpose keeping intact the principles of Shari’ah. (shrink)

As in many parts of the world, Islam in Southern Philippines is generally seen as subjecting women to unfair treatment. The concept of gender justice is thought to be non-existent. Among the minority populations in the region are the Tausug of Sulu who practice an Islam that is heavily influenced by their pre-Islamic traditions, popularly known in the community as Adat or customary laws. This study, conducted from January to June 2004, documents and analyzes the influence of the traditional Islamic (...) practices of the Tausug in relation to women's rights and gender justice in marriage, divorce, polygamy, custody of children, inheritance, property rights and leadership; and makes recommendations regarding some reform initiatives that could improve the status of women and the general issue of gender justice in the Muslim communities in southern Philippines. The study found no violation of women's rights in the Tausug Islamic community and that gender justice actually exists. The Tausug believe that because of their strong and dynamic traditions, their practice or interpretation of Islam is more liberal and accommodating. Generally, compared with other Islamic communities in the area, the human rights situation of the women in Sulu is much better. Women were found to be enjoying considerable freedoms, including access to public office and other leadership positions. One could argue, therefore, that the Tausug community is a good example of an Islamic community where women's rights are respected and gender justice prevails. What remains to be done is to sustain this favorable environment and to safeguard it from certain sectors of the Islamic society and male chauvinists bent on undermining gender justice in the area. (shrink)

Lifestyle refers to a set of personal and group behaviours related to normative and semantic aspects of social life. Any coherent set of behavioural patterns derived from religious teachings that exist in life can be considered a religious lifestyle. Considering that the dominant religion in Jordan is Islam, the present study focused on the Islamic lifestyle. In addition, given that the correct relationship between couples has been compared to life-giving blood in marriage, and since the quality of marital role (...) plays a determining role, the existence of communication skills in any of the couples can generate satisfaction and compatibility, whereas lack of awareness of these skills could cause misunderstandings and tension. Therefore, the current study aims to study the role of the Islamic lifestyle in communication skills of 250 Muslim couples of Jordan (Amman, Zarqa and Irbid) in 2022. Data were collected using questionnaires during four months, and the validity and reliability was confirmed. In addition, data analysis was performed in Statistical Package for Social Sciences (SPSS) and Linear Structural Relations (LISREL) using mean tests and structural equation modelling. According to the results, Islamic lifestyle had a positive, significant effect on the improvement of communication skills in Muslim couples in Jordan (P-value: 0.76; T-value: 7.92). Therefore, it is recommended that more attention should be paid to this issue by families, researchers and cultural authorities in the country.Contribution: Our findings revealed that Islamic lifestyle improved communication skills in Muslim couples, which demands special attention. By adhering to the Islamic lifestyle, couples can influence each other’s knowledge, emotions, education and growth, and try to have a realistic understanding of each other’s desires, needs, living environment and perceptions that each has in life issues. Furthermore, they can organise their role in the common life in appropriate ways to prevent problems and solve them in the event of problems. (shrink)

Kin marriages have been a subject of literary, historical, sociological, religious, and medical studies from past to present. Such a marriage has been discussed within the science of fiqh in terms of religion. Ḥanafī and Mālikī mujtahids stated that this marriage is permissible. While Shāfiʿī and Ḥanbalī mujtahids did not recommend kin marriage by seeing it permissible. Based on the fundamental doctrines of Islamic law, they argued that marrying a foreign candidate is mustahabb and answered the related (...) criticisms against their fatwa. In scientific studies, genetic risks in kin marriages were found to be twice as high. Therefore, the kin marriage was not recommended and it is suggested that those who will marry with relatives should undergo carrier tests. In some contemporary religious studies, it has been argued that the families established by kin marriages are stronger, the genetic research does not have absolute precision, and it may be ideological in the form of weakening the family-society structure. Besides, the ijtihads distant to close kin marriage is weak in terms of evidence and opposing evidence has been put forward to defend kin marriage. On the other hand, in some sociological studies, it has been argued that kin marriage is predominantly caused by religion and that it wekaned the social solidairty. This study analyzes the classical and contemporary approaches to kin marriage in detail within the framework of thesis-antithesis in terms of fiqh, uṣūl al-fiqh, and evidence, and evaluates such studies from a fiqh point of view by including medical research results and some sociological studies on kin marriage. A generally accepted deterministic link cannot be established between kin marriage and genetic disorders. Because, the same risks are found in marriages with foreigners and also arise from harmful substance addiction. However, the genetic risk rate in marriage with close relatives is twice that of marriage with a foreign candidate. The least of the two possible losses is preferred. So it is very sensible that a marriage that is twice as likely to take such a risk should not be recommended by religion. Because, the main purpose of religion in marriage is to protect the generation and ensure its continuation. The fact that such a marriage is not religiously prohibited does not mean that it was recommended. Because it is left to individuals and public authority to limit the ibaha on the grounds of maṣlaḥa. On the grounds that the hereditary risk rate is high, kin marriage is not recommended in the fiqh and an effort has been made to prevent such a marriage from becoming widespread. Sociologically, marriages with a foreign candidate who is equivalent to a close relative are more appropriate in terms of strengthening the social organization. It is seen that Shafi'i and Hanbali ijtihad, which do not recommend close relatives marriage, are supported by current medical and genetic research. It is understood that the ijtihads that does not recommend marriage with close relatives is inaccurate in terms of evidence, and the views that argue that such marriages are stronger in terms of benefits are not in place. In general, it is seen that religion is distant from kin marriage, and such marriages are mostly caused by psychological, sociological, and cultural reasons. The fact that such marriages are common in areas belonging to the Shāfiʿī and Ḥanbalī schools that do not recommend marriage with close relatives, on the other hand, the fact that marriages between close relatives are less in Hanafi regions, which state that the same marriage is only permissible, supports this. In this respect, some claims arguing that such a marriage stems from religion based on the understandings that refer to that kin marriage is recommended by religion, are not accurate. For this reason, it is difficult to establish a connection between the disintegration of social unity, the spread of hereditary diseases, and the claims that religion recommends consanguineous marriage. Today, enlightening the religious aspect of kin marriage will be beneficial in protecting society against hereditary risks. (shrink)

The philosophy of metaReality and, in particular, ideas of transcendence can ‘underlabour’ for the re-enchantment of Islamic praxis, ethics and law by helping to uncover in a systematic, non-arbitrary way the spiritual objectives inherent in the basic beliefs, practices and obligations of Islam. The commonly accepted elements of the Islamic legal pathway, such as the obligation of marriage, far from being inhibiting, can help humans access the dialectical pulse of freedom and the emancipatory meaning inherent tendentially in human relationships. (...) Thus, the Islamic Shari'a, underlaboured by the philosophy of metaReality, rather than a symbol of legal backwardness and inflexibility, can be conducive once again to greater personal ontological wholeness and collective human flourishing. (shrink)

According to Abrahamic religions, namely Judaism, Christianity and Islam, human beings exist on the earth for a common purpose, and they have patrilineally and matrilineally descended from a single couple, namely Adam and Hawa (Eve). The Qur’an unambiguously mentions: “O mankind! reverence your Guardian-Lord, who created you from a single person, created, of like nature, His mate, and from them twain scattered (like seeds) countless men and women; reverence Allah, through whom ye demand your mutual (rights), and (reverence) the wombs (...) (That bore you): for Allah ever watches over you.” Thus, it is incumbent upon human beings to live together in peace rather than constant hostility to fulfil the purpose of their existence on the earth. This paper endeavours to contribute to the understanding of the concept of ‘peaceful coexistence’ from the Islamic perspective. It specifically answers the following research questions: What is peaceful coexistence? What is necessary for peaceful coexistence? What are the fundamental principles that we must adhere to in order to coexist peacefully? The paper is structured into eight sections, beginning with introduction on the concept of ‘peace’ in Islam. The second section focuses on the main objectives of Islam. The third section is on the meaning of peaceful coexistence. The fourth and fifth sections are on the need for peaceful coexistence, and the necessary requirements and tools for peaceful coexistence respectively. The sixth section is on categorization of peaceful coexistence into: peaceful coexistence in marriage, peaceful coexistence of mankind, peaceful coexistence of the members of the Muslim ummah and peaceful coexistence of mankind and the environment. The seventh section is a summary of the Islamic principles of peaceful coexistence. The final section sums up the main conclusions drawn from this study. The translation of the ayat (verses) of the Qur’an related to this study is extracted from the work of Abdullah Yusuf Ali, The Holy Qur’an: Text and Translation unless stated otherwise. At the end of this paper, it is hoped that the readers will: first, appreciate the message of Islam as a universal religion and the need for mutual care, mutual respect, and mutual cooperation; and second, explore the methodology of the Qur’an and the Prophet Muhammad (peace and blessings be upon him) in managing human diversity. It is also hoped that this study will lead to a better understanding of peaceful coexistence as an integral part of Islam and one of the characteristics of the Muslim ummah. The findings of this study highlight the role of Islam in promoting peace and security. The study reveals that peaceful coexistence is a key factor in the success of human beings and it requires nurturing love, respect, care, and salam (a greeting of peace) in one’s relationship with others. (shrink)

Abstract: The discovery of DNA paternity tests has stirred a debate concerning the definition of paternity and whether the grounds for such a definition are legal or biological. According to the classical rules of Islamic law, paternity is established and negated on the basis of a valid marriage. Modern biomedical technology raises the question of whether paternity tests can be the sole basis for paternity, even independently of marriage. Although on the surface this technology seems to challenge the (...) authority of Islamic law in this area, the paper argues that classical Islamic rulings pertaining to paternity issues continue to hold higher authority even in cases of conflict with modern technology-based alternatives. Through closer analysis, the paper traces the emergence of a differentiation in the function of DNA tests between identity and paternity verification. While the former is accepted without reservation, the latter is approved only when it does not violate the rulings of Islamic law. (shrink)

Verse 4:34 of the Qur'an has historically been interpreted to give husbands authority over their wives. Even today, such as in a recent case in the United Arab Emirates, Islamic courts have held that the husband has some leeway in "disciplining" wives who act in a rebellious manner to their husbands. This article challenges this interpretation through a comprehensive legal analysis, taking into account the context under which the verse came about, including the societal norms and conditions of the time; (...) the Prophet Muhammad’s profound views against violence towards women; the values of marriage emphasized in the Qur’an; the Qur’an’s incremental approach to improving social behavior and practice; and the higher objectives of Islamic law. (shrink)

This article examines women’s rights to property in marriage, upon divorce, and upon the death of a spouse in Uganda, highlighting the problematic aspects in both the state-made (statutory) and non-state-made (customary and religious) laws. It argues that, with the exception of the 1995 Constitution, the subordinate laws that regulate the distribution, management, and ownership of property during marriage, upon divorce, and death of a spouse are discriminatory of women. It is shown that even where the relevant statutory (...) laws are protective of women’s rights to property, their implementation is hindered by customary law practices, socialization, and the generally weak economic capacity of many women in the country. The article delves into the even weaker position of women’s rights to matrimonial property at customary and religious laws. In many homes, wives provide labor to support their husbands without having a stake in the use or monetary benefit from it. Under Islamic law regulating intestate succession to property, the entitlements for widows fall short of the constitutional standards on equality and non-discrimination. Polygyny is widely practiced by Muslims implying that the widows share the one eighth whenever there are children or one fourth in cases when there are no children. Radical reforms such as adopting an immediate community property regime instead of the present separate property regime are inevitable if women’s rights to property are to advance. (shrink)

Basic characteristic of Islamic heritage law, principally it has accepted the two-to-one ratio between the male and the female children/siblings in division of heritage. In Islamic inheritance law, the main/basic reason why the share of the male is twice the share of the female is no “value” judgments given to female/women in creation and gender in Islam, on the contrary, are real realities related with the roles and financial obligations that man and woman have undertaken, in other words, related with (...) “socio-economic structure/fact” in the family and society structure foreseen by Islam. As a matter of fact, “need principle” is based on in division and succession of heritageand a fair arrangement has been made in accordance with the rights and responsibilities of the husband and wife in Islamic Law. In some classical tafsīr books, the concept of “degree” in the verse “... Men have a degree (right) over women” (Al-Baqara 2/228) mentioning the mutual rights and responsibilities of women and men; and the expression of “lil al-dhakari mithlu haẓẓ al-unthayain” in the verse –the inheritance of man is the share of two women– (Al-Nisā 4/11) mentioning the inheritance shares of boys and girls is interpreted against the woman by disregarding the intended purpose and socio-economic contexts of these verses. As a result of this interpretation, the share of men in inheritance is twice the share of women in Islamic law is ontologically (existential/creation) based on a justification that “man is superior to woman”. In this article/study, an analyticallook atthe interpretations in some classical tafsīr books on the axis of “daraja/degree” and “lil al-dhakari mithlu haẓẓ al-unthayain” that today sheds light on the sociological-historical background of depriving the daughter from the heritage will be made. Summary: Just as there is no way to determine a person’s sex, it is not either possible by reason to have such an opportunity. - With the possibility of medical intervention nowadays - sex is determined by the discretion of the Supreme Creator rather than will. Indeed, it is mentioned in the Qur’ān: To Allah belongs the dominion of the heavens and the earth; He creates what he wills. He gives to whom He wills female [children], and He gives to whom He wills males (Al-Shūrā 42/49.)In addition to human biological sex, there is also social gender. Indeed, the term “sex” refers to being biologically female or male, while the term "gender" refers to the social and cultural identity of a woman or man, or the social roles that occur in the historical process.Accordingly, while it is not possible to determine biological sex (in normal circumstances in advance), determining gender is shaped by the cultural will of individuals and societies. As a matter of fact, gender is shaped according to the religions, customs and cultures of the societies and it shows differences according to time, culture and family structure. In this context, in the pre-Islamic Arab society, the gender of the girl or the woman was shaped by the custom of the ritual and customs. Indeed, it is a known fact that during the period of Jahiliyyah, in terms of social gender, the girl/woman has been deprived of many social and economic rights, especially heritage. The Qur’ān has brought the girls who, in the period of Jahiliyyah, were oppressed in terms of gender, deprived of many social and economical rights, treated as second class human, embarrassed of themselves and buried alive, to the same position as man. In this context, as it is in every field in the direction of social structure and social conditions of that day, also in the field of inheritance law, a number of regulations were made in the Qur’ān and the Sunnah being the main sources of Islam. The divisions of the inheritance were connected with religious and legal rules and the shares of the inheritance of the sons and daughters were determined by naṣṣ (verses and hadiths).However, in Islamic inheritance law, as a requirement of the structure of family and society accepted by Islam, in principle, “two-to-one” measures have been adopted between male and female children. As a matter of fact, in this aspect, it is mentioned in the Qur’ān: Allah instructs you concerning your children: for the male, what is equal to the share of two females (Al-Nisā 4/11.)On one hand, the principle that Islamic law brings between boys and girls; Seems to be an inequality in terms of the arrangement in which "the inheritance share of the male child is twice the share of the female child", while on the other hand, within the border of in the family foreseen by Islam, this regulation has not been seen as an injustice and inequity by Muslim societies, because in Islamic family law, a man is obliged to ensure the livelihood of the family after marriage. He is also obliged to give his wife her mahr when marrying.In Islamic inheritance law, “necessity principle” is taken as the basis of responsibility that women and man have undertaken in family and society. Therefore, even though giving nothing at all to those who are not in need and giving less to those who are in less need, giving too much to those who are in much need might seem contrary to the principle of equality, it is a necessity of the principle of justice and fairness. As a matter of fact, while "law equality, necessity in sharing" principle, law is arranged according to people's qualifications, goods and wealth sharing is divided according to the needs of people. In this context, there has been a fair division in Islamic heritage law based on the necessity, (distributive) justice and fairness principle. Indeed, the French philosopher Roger Garaudy (1913-2012), who chose /converted to Islam, evaluates the following about the proportion of male child in the Qur'an to that of female child: “When we consider that in the Arab society all the obligations of the family and of the care of the parents and of all the things that we call ‘social security’ today are put on the shoulders of the husband, the hereditary male child's share must be twice as high as the female child’s is”.As Garaudy argues, the difference in the inheritance of women and men in Islamic inheritance law is not a legal discrimination/inequality, but a form of divisiveness stemming from a need based on the role and responsibility that women and men have undertaken in the family and society. Therefore, giving nothing to those who need nothing, giving little to those who need little, and giving a lot to those who need a lot,even though may seem contradictious to the principle of equality, it becomes a necessity of equity and (distributive) justice principle. In this case, in Islamic inheritance law, the basic reason why the share of the male child is twice the share of the female child, is social and economic reasons and it is possible to rank them as follows:1) According to Islamic law, women are not obliged to make their own economic livelihoods. The woman’s economic responsibility belongs to her father or brothers before marriage, and then to her husband after marriage. 2) When a woman is married she is not responsible for herself or other family members’ livelihood. The male is obliged to make a living for himself, his wife and his children.3) While married, the male is obliged to give the wife mahr. The woman has no such responsibility.As it is understood from the above explanations, in Islamic inheritance law, the basic reason why the share of the male child is twice the share of the female child is not about the ontologically “value” based on creation and sex given to the woman (girl child) in Islam. On the contrary, it is the real facts concerning the family and society structure that Islam predicts, the roles and financial obligations that man and woman have undertaken, namely “socio-economic structure/fact”.In some commentaries in classical commentary books, the rights and responsibilities of women and men are referred to, like: the word “degree” mentioned in: …but the men have a degree over them [in responsibility and authority (Al-Baqara 2/228), and the talk about the inheritance shares of boys and girls in: for the male, what is equal to the share of two females (Al-Nisā 4/11). Eventually, the concepts “lil al-dhakari mithlu haẓẓ al-unthayain” have been associated with the gender of the woman/girl child ontologically (based on social fact) by ignoring the referent purpose and socio-economic contexts of these verses. As a result of these interpretations, it was desired that the Islamic law principle of inheritance share of male child being twice the share of female child, ontologically, should be based on a justification that “man is superior to woman”.In this study, some of the era’s dominant culture classical interpretations grounding women's inheritances share on her gender and based on the axis of the concepts of "degree" and “lil al-dhakari mithlu haẓẓ al-unthayain” in the related verses of the Qur'ān will be elaborated. (shrink)

Polygyny, the marriage of a man with more than one woman at the same time is a well-known practiced in human history. Islamic law accepts the institution of polygyny as a substitute provision if it fulfills the certain conditions and reasons, -and limited the maximum number of wives to four. Although polygyny is mubah (permissible) in Islamic law, it is not an absolute right that every man can use arbitrarily. Thus in Islamic law, the legitimacy of polygyny has been (...) attributed to the presence of two basic conditions: the observance of justice among co-wives and providing maintnance. However, the observance of these conditions that is left to the mercy of men leads to the exploitation of the right for practicing to polygyny and victimization of the first spouse. Therefore, inserting some restrictions for using this right has come to the agenda from time to time in Islamic legal history. The first legal arrangements concerning the restriction of the polygyny (taaddud al-zawjāt) in the history of Islamic law were indirectly made with the Family Law Decree of 1917 which was prepared in the last periods of the Ottoman Empire. Among the late Islamic jurists, the issue of the limitation of polygyny by public authority in Islamic law continues to be discussed. The civil laws of contemporary Muslim countries contain different regulations on the issue. In this article, the restriction of polygyny by the public authority in Islamic family law will be focused on.Summary: Polygyny, the marriage of a man with more than one woman at the same time is a well-known practiced in human history. Islamic law accepts the institution of polygyny as a substitute provision if it fulfills the certain conditions and reasons, and limited the maximum number of wives to four. Thus, relevant verses in the Qur’an (al-Nisa 4/3, 129) and the Prophet’s own practice (al-Ahzab 33/50, 51, 59 al-Tahrim 66 / 3-5) show that it is legitimate for a man to marry more than one woman (up to four) at the same time in Islamic law. Although polygyny is legally permissible (mubah) in Islamic law it is not an absolute right that every man can arbitrarily use. Thus in Islamic law, the legitimacy of polygyny has been attributed to the presence of two basic conditions: the observance of justice among co-wives and providing maintenance. On the other hand, there may be some exceptional circumstances permitting polygyny in Islamic law. For example, when female population is much more than male in the society and when a, woman is can not fulfill her family duties due to her cureless illness, polygyny is permitted in Islamic law.As it can be understood from the explanations above, polygyny in Islamic law is not a general and mandatory provision that should be applied by every man who has legal capacity to marry. On the contrary, it is an exceptional provision that is justified if there are certain conditions and justifications. According to this; polygyny is a moral and legal institution that is made up of mutual consent based on individual and social conditions and needs in Islamic law. Therefore, men do not have to marry a second woman on their current wives, as well as women have the right to say “no” to marry a married man as a second wife.When the conditions and rationales indicated in the relevant verses and doctrine are evaluated together, it can be said that in order to be able to legitimize the polygyny in Islamic law, there must be three basic conditions:(1) Observing justice among spouses, (2) Having sufficient financial power to provide maintenance for spouses, (3) Existence of individual or social need or necessity.Therefore, in order to prevent the exploitation of polygyny, which is justified under certain conditions and justifications in Islamic law, the above-mentioned conditions must be fulfilled. Otherwise, polygyny can cause some problems, unrest and injustice for individual, family and society. Hence, in the presence of certain conditions and justifications, polygyny accepted in Islamic law as a moral and legal institution aiming the elimination of individual and social arbitration.Although the legitimacy of polygyny in Islamic law depends on the existence of certain conditions and special circumstances, it is a known fact that they are not always observed in practice. It can be said that the right of polygyny is a subject of abuse in practice. Therefore, the limitation of polygyny by the public authority has come to the fore in Islamic legal history. Today, control of the public authority and inserting some restrictions of polygyny continue to be discussed among the Islamic jurists. In the past, it is possible to say that the control of the exercising of this right has been done relatively by society (social environment). However, nowadays, since the society cannot perform the control mechanism, it is brought up by the state (public authority) on behalf of the society.Among the contemporary Islamic jurists regarding the supervision or limitation of polygyny by the public authority; there are two approaches: “those who accept” and “those who do not accept” such restrictions.Islamic jurists, who accept that public authority is allowed to intervene in polygyny, grounded their views on two perspectives: The first is that the polygyny is legally permissible and the public authority has the authority to limit the permissible (mubah) in Islamic law. The second is that polygyny is restricted with the conditions in the Qur’anic verses such as “husband’s observation supervision of justice among his wives” and “having the power for ensuring the livelihood (nafaqa) of his wives” and it is more appropriate for the benefit of society and the purpose of the legislator (Shari’) to be subject to the control of the public authority whether these conditions are present or not. Islamic jurists, who do not agree that the public authority has the right to intervene in polygyny grounded their views on two perspectives as well: First, polygyny is a legitimate right mentioned in the verses in Islamic law and there is no definite proof that this can be prohibited or restricted by the public authority. Secondly, it is contrary to the verses to prohibit or limit the right that the Qur’an makes legitimate (free).Thus, it is possible to say that the opinion which accepts that the public authority has to limit polygyny is more accurate in terms today’s social conditions. Namely, polygyny is linked to two basic conditions: ”husband’s observance of justice among his wives and having the power to provide maintenance for his wives. Therefore, supervision of the public authority on checking the existence of these conditions is more appropriate for the purpose of the legislator (Shari legitimizing polygyny and social benefit.In fact, the Ottoman Family Law Decree of 1917 indirectly limited the right of the husband to marry more than one woman, giving the woman right to stipulate a condition in her marriage contract that her husband not to marry a second woman. In the 1924 Draft of Family Law Decree, which was prepared after the repeal of the Family Law Decree of 1917, but not enacted, it was proposed that the application of polygyny should be presented to the approval judge.In today’-s Muslim countries, there are three different practices: namely “completely prohibiting polygyny”, ”releasing polygyny” and “giving the court the right to monitor the existence of necessary conditions “. In countries such as Morocco, Algeria, Iraq, Syria, Indonesia, Malaysia (and Pakistan), the validity of polygyny depends on the permission and supervision of the judiciary. Some of these countries which have accepted judicial review have given the judicial control for the requirement of justice, some of them the conditions of justice and maintenance some of them for the conditions of justice, maintenance and a legitimate justification.In sum, in accordance with the provisions of the relevant verses, polygyny in Islamic law is legitimately permissible (mubah). However, the public authority has the right and authority to limit the mubah in Islamic law in the case of the elimination of damage and the necessity of the public interest. On the other hand, the public authority has the right and authority to enact the law in Islamic law by preferring one of the existing ijtihads that meet the needs of the society and conforms to the conditions of the age.According to this, when the public authority made a statutory regulation that links the use of right of polygyny to the permission of the judge, this regulation is binding on society.Therefore, in the event of such a legal arrangement, it is possible for the public authority to allow the men who comply with the conditions and not to allow the ones who are not to comply with the conditions after conducting the necessary investigation. As a matter of fact, now Family Laws of many Muslim countries now include such legal arrangements. It is also worth mentioning here that there may be a necessity for a man to marry more than one woman (up to four) at the same time in terms of social benefits, when the population of male and female in a society is excessively disproportionate. In such circumstances, it is also possible that the public authority encourages, or even mandates, the marriage of men who have fulfilled the conditions to more than one woman. (shrink)

The one of goals that religious provisions aim to achieve is the preservation of the generation. For this reason, Islam recommends marriage and prohibits all illegitimate relationships outside of marriage. He also ordered the parties to respect each other's rights and fulfill their responsibilities in order to maintain the marriage union. He requested that all attitudes and behaviors that would disrupt the marriage union be avoided. How ever, from time to time, a word said or a (...) behavior exhibited by one or both spouses shakes the marriage union and even leads to its end. Situations that can be described as severe disagreements that occur between spouses and make the continuation of the marital union almost impossible are expressed with the concept of “shiqàq” in fiqh. Failure of the parties to observe marriage law in domestic relations is one of the main reasons that lead to “shiqàq”. Although the reasons for the “shiqàq” that leads the spouses to discord are not explained in the relevant verse, it is recommended that in case of “shiqàq”, the institution of arbitration should be applied and the arbitrators should first reconcile the relationship between the spouses and prevent the breakdown of the marital union. On the other hand, it is controversial among the sects whether arbitrators have the authority to terminate a marriage union that they do not find beneficial to continue. While the fuqaha, who argue that arbitrators are in the position of attorneys, say that referees cannot separate the spouses without the consent of the spouses, those who say that arbitrators are in the power of judges are of the opinion that arbitrators have the authority to separate husband and wife regardless of the consent of the spouses. In addition, in case of “shiqàq”, the man can directly divorce his wife, and the woman can request the judicial authorities to separate from her husband. In this study, which deals with the issue of “shiqàq” in the context of family law, first of all, the meaning of “shiqàq”, the issues that cause this situation and the legal consequences attached to this concept will be revealed. (shrink)

The results show that the Religious Courts play an important role in harmonising Islamic law with national development policies and international legal standards, particularly in the context of protecting the rights of women and children. However, challenges exist in harmonising interpretations of Islamic law with the principles of human rights and gender equality guaranteed by international conventions such as CEDAW. This research uses a qualitative approach with a case study method to analyse the relevance of Religious Court decisions related to (...) marriage to national development policies as well as their relationship to international law. Primary data was obtained through analysis of Religious Court decisions in several regions of Indonesia in the last five years covering marital issues such as divorce, polygamy, child custody, and division of joint property. Secondary data included national policy documents, such as the RPJMN, as well as international legal instruments such as CEDAW. This research identifies the need for progressive reforms in the Religious Courts system, including capacity building of judges in understanding international law, revision of the Compilation of Islamic Law, and strengthening co-operation between relevant institutions. The innovative contribution of this research lies in its in-depth analysis of how the Religious Courts can serve as a bridge between religious law, national development policy, and Indonesia's international obligations. (shrink)

The present paper addresses the mutual relationship between society and law in shaping women’s law in Islam from the perspective of the sociology of law. It analyzes the role of pre-Islamic social, political, and economic structures in the Arabian Peninsula in modeling women’s law and highlights some customary laws which were rejected or revived and integrated in Islamic jurisprudence. In this regard, the paper reviews issues such as polygyny, rights to inheritance, marriage, the process of testimony and acceptable forms (...) of evidence in legal matters, diyya, the exclusion of women from the judiciary and the system of issuing fatwa, natural right of guardianship of underage children after divorce, and regulations related to the veil. Finally, referring to the manner of the Prophet of Islam, the paper suggests that ʿurf can be considered as a source of Islamic legislation alongside other commonly known sources of fiqh. (shrink)

In an anecdote in the Holy Bible, there is a rumor that because the Prophet David wanted to marry a woman named Bathsheba, whom he saw, he commissioned her soldier husband Uriah the Hittite to cause him to die in the most critical places of the army. In Islamic sources, some narrations originating from Isrāʾīliyyāt have been conveyed in many different ways. Likewise, in some Islamic sources, this incident, which is attributed to the Prophet David, was unfortunately also linked to (...) the marriage of the Prophet Muḥammad and Zaynab b. Jaḥsh. In addition, there is a claim that the Prophet Muḥammad sent Zayd b. Ḥāritha, who was Zaynab b. Jaḥsh’s ex-husband, to many wars and eventually caused his death in Muʾta war. First, the so-called incident between Prophet David and Uriah the Hittite will be discussed, and thereafter, Prophet Muḥammad and Zaynab b. Jaḥsh’s marriage will be thoroughly addressed in the study. In addition, it will be revealed that the incident that was attributed to the Prophet David was in no way similar to the incident of assigning Zayd b. Ḥāritha as a commander.Summary: According to a parable in the Bible, Prophet David sees a woman bathing while he was walking around the roof of his palace one night and he is impressed by her. Prophet David sends someone to investigate who this woman is, and as a result of the research, it is revealed that this woman is Bathsheba, the wife of Uriah the Hittite, one of the commanders of Prophet David. Prophet David sends someone to bring this woman and when the woman is brought to him, he commits adultery with her. The woman becomes pregnant after this affair and informs Prophet David about this situation. After receiving this news of pregnancy, Prophet David sends a message to the commander-in-chief, Joab, who is at war with his army, and asks him to send Uriah the Hittite to him. After hosting Uriah the Hittite in the palace for a few days, Prophet David sends him back to the front with a letter to be given to the commander-in-chief, Joab. In this letter, Prophet David asks the commander-in-chief, Joab, to send Uriah the Hittite to the most dangerous place in the war and to ensure that he is killed. Fulfilling the order stated in the letter of Prophet Davud, Joab sends Uriah the Hittite to a region where the war will be the harshest and causes him to be killed there. After the mourning of Bathsheba for her husband ends, Prophet David marries her. According to the Islamic belief, it is not possible for this incident to occur as it was mentioned in the Bible since the prophets were protected by Allah. It is because the parable states Prophet David committed adultery. In the Qur’ān, which is the source where we can get the clearest information about the incident, it is narrated inverses 21-25 of sûra Ṣād. Although there is a partial resemblance between the verses and the Bible, the verses do not mention either the woman or Prophet David’s sending that woman’s husband to the war because he wanted to marry her.In other Islamic sources, some relevant narrations originating in Isrāʾīliyyāt are narrated in many different ways. Our tafsīr scholars did not approve these narrations originating in Isrāʾīliyyāt. Also, they stated that the narrations expressing that Prophet David sent Uriah the Hittite to the war for his killing were not true and that such a situation would not be suitable for a prophet or even for a Muslim.In the same sources, many different possibilities were voiced in order to resolve the situation and this incident, which was attributed to Prophet David, was tried to be placed on a more reasonable ground. As a result of these efforts, the marriage of the Prophet Muḥammad and Zaynab b. Jaḥsh has been linked to this incident in various ways.Although it is not possible to give a certain date of the marriage of Zaynab and Zayd b. Ḥāritha, it is seen that this marriage occurred with the help of the Prophet Muḥammad in the first year of the emigration to Madinah. The marriage of the Prophet Muḥammad’s aunt’s daughter and Zayd, a freed slave, was for eliminating the discrimination between free individuals and slaves that existed in the society.There is not any serious problem about the marriage of Zayd and Zaynab at this point. However, at the point of ending this marriage, there are some narrations in our sources, and these leave the Prophet Muḥammad under suspicion. According to these narrations, the Prophet Muḥammad went to Zayd’s house to meet him and the Prophet Muḥammad called out to Zayd from outside the house. For not keeping the Prophet Muḥammad outside, Zaynab opened the door and invited the Prophet Muḥammad in by stating that Zayd was not at home although the clothes on her were not suitable. As soon as the Prophet Muḥammad saw her, he immediately turned his head and because he liked Zaynab, “I exonerate almighty Allah. I exonerate Allah that has turned the hearts.” he grumbled. After a while, Zayd came home and learned what the Prophet Muḥammad said. He immediately went to the Prophet Muḥammad and said “Messenger of Allah! May my mother and father be sacrificed for you. If you liked Zaynab, let me divorce her for you.” However, the Prophet Muḥammad advised him not to divorce his wife. As far as we can find in our sources, there are two other similar narrations.These narrations contain many problems in terms of both isnād and logical consistency. When we examine at the narrations in terms of isnād, we see that all three narrations are mursal. We can say that this is the first factor that reduces the reliability of narrations. Secondly, all narrations have at least one narrator accused of weakness or even dishonesty. Therefore, it is not appropriate to base a serious claim about the Prophet Muḥammad on such weak narrations. In addition, the rumor that the Prophet Muḥammad liked Zaynab, his aunt’s daughter and a married woman, and wished that she would divorce her husband has no reasonable logic. The fact that the marriage of Zayd and Zaynab ended quickly was mostly caused by Zaynab’s harsh temperament. Moreover, although Zaynab did not want this marriage, she could not oppose the order of the Prophet Muḥammad due to the verse about her. For these reasons, Zaynab could not get along with her husband and she was constantly reflecting her dissatisfaction with this marriage on Zayd. Therefore, Zayd constantly complained about Zaynab, but the Prophet Muḥammad gave Zayd the same advice every time, commanding “Keep your spouse with you, do not leave her!” Although the Prophet Muḥammad constantly banned Zayd, he could not stand Zaynab anymore and divorced her. After he divorced Zaynab, verse 37 of sûra al-Aḥzāb was sent down. Thus, the marriage of the Prophet Muḥammad and Zaynab took place as a result of a divine will.There is also a claim that the Prophet Muḥammad sent Zayd, the ex-husband of Zaynab, to many wars and consequently caused him to be killed in Muʾta war. When we examine the dates of the nine military expeditions, in which the Prophet Muḥammad appointed Zayd as a commander, it is seen that the first expedition was held on 3/624 while the others were held after 6/627. Therefore, at least eight of the nine expeditions in which Zayd served as a commander were taken place after the marriage of the Prophet Muḥammad and Zaynab. Consequently, in the light of this information, it is clear that the fact that Zayd was appointed as a commander is not similar to the situation in narrations about Prophet David. (shrink)

This article considers the four eyewitness threshold for zinā’ in Islamic criminal law. In some Muslim-majority countries where zinā’ remains an offence, judiciaries have by-passed the threshold by accepting singular confessions from male fornicators or, otherwise, inferring fornication from pregnancy outside of marriage. As a result, a disproportionate number of women have been prosecuted, convicted, and even punished for zinā’. I assert that the four-eyewitness threshold allows for an alternative way to view zinā’ that can result in a different (...) set of consequences. If the threshold is taken seriously such that it becomes the only evidentiary basis upon which a zinā’ conviction can be entered, it will create an effective or de facto exemption where alleged perpetrators can never be convicted, except in the rarest cases where four independent eyewitnesses can be corralled. If adopted, this approach would provide a principled basis to reject opportunistic confessions that deflect punishment to accused female fornicators. And as an ‘internal’ solution that arises within the framework of the sharī’a, a de facto exemption approach is more likely to be perceived as legitimate when compared with proposed solutions that find their basis in international human rights legal instruments. (shrink)

Slavery is as old as human history and is a product of established cultures. To gain profit from captives resulted in slave trade and exploit them as labor force. Although ancient Turks took advantage of slaves, the conditions of Turkish nomadic steppe culture did not allow slavery become institutionalised. During Islamization of Turks, Turkistan witnessed one of the most successful periods of the slave trade because of raids against non-Muslim Turks by Samanids and Muslim Turks. Muslim travellers of X and (...) XI th century emphasize frequently the importance of the Turkish slave trade and its network. Turkish jawari (singular: jariya, an Arabic word, means concubine, female slave and housemaid) were the most demanded in Muslim countries in Turkestan and Near East due to their beauty, which the Muslim travelers mention quite frequently. Their beauty was reflected in epics like the stories of Dede Korkut and Shahnama as well. Turks used a few Turkish and Chinese origin words to mean jariya. Mahmud al-Kaşgari recorded the terms related to jariya in his book, Divan al-Lugat al-Turk. The meaning of some of these words have changed over time but the women referred to by these terms were generally housemaids in family life. All kind of jariya had opportunities such as marriage, being treated like a member of the family and being emancipated. My aim in this study is to address perception and interpretation of jariya and certain practices related to them in Turkish folk culture in the period of Islamization. (shrink)

Saudi Arabia has ratified the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child. However, it has made general reservations to the effect that where there is a conflict between a Convention article and Islamic Law principles, Islamic Law shall have precedence. The family law rights of women and children in the Kingdom of Saudi Arabia have been criticised for not reaching the standards set by CEDAW and CRC. This (...) article looks at the internationally set standards of these rights and compares them with the Family Law rules of Islamic Law as applied in Saudi Arabia. The applications in Saudi Arabia are then examined by looking at certain practices, case judgments and recent developments in the country in this field. Amongst these developments are the first case in which a Saudi judge annuls a child's marriage, the first death sentence declared on a father who abused his daughter causing her death, and the Saudi Divorce Initiative which aims to educate women and call for the protection of their rights during marriage and after its dissolution. The article stresses that despite the many improvements, there remains a need for codifying the Islamic Law of Personal Status in Saudi Arabia as this measure would be the basis that defines and protects the rights of women and children in Family Law. (shrink)

This research examines the complex interplay of religiosity, sexuality, and infidelity. We adopted a case study approach in this research, and discourse was made central to the analysis. There were two participants; both identified as homosexuals. One participant, Fahrin, is married while the other, Muzz, is divorced at the time of the interview. The participants were subjected to an in-depth, semi-structured interview to gauge their experiences, perceptions, opinions, beliefs, and thoughts on their sexuality, Islamic faith as well as relationship with (...) their spouses. The data were then transcribed and analyzed using the Discursive Action Model and Discursive Psychology frameworks. From the analysis, two overarching themes were identified. They are the allocation of blame and accountability and the participants’ attachment to their Islamic identity. The discussion then revolves around the societal role that pressures gay men to marry women and contextualizes the position of Islam on Homosexuality. (shrink)

Guidelines for a model bride in Islam based on Islamic teachings; includes stories of six exemplary Muslim wives during Prophet Muhammad's time.

Upon previous research, the matrilineal system seems to oppose Islamic teaching. However, the matrilineal system practiced by the Minangkabau society in West Sumatra, Indonesia has its uniqueness. Thus, this study aims to examine the correlation between the Qur’an and gender roles within the context of Minangkabau customs, specifically focusing on the matrilineal aspect. The present study employs qualitative methods for conducting library research through critical analysis. This study discovered that the matrilineal system practiced by the Minangkabau society aligns with Qur’anic (...) teachings that respect the position of women in Islam. In the matrilineal system of Minangkabau, women hold significant strength and play an influential role in cultural and traditional practices. The Minangkabau tribe’s matrilineal system encompasses three key elements: marriage, inheritance and offspring. The marriage system is exogamous. Additionally, the practice of marriage is localised, with the husband typically residing in the wife’s household. Their inheritance is divided into pusako tinggi [from ancestors from generation to generation] and pusako randah (from the efforts of married couple). Women get pusako tinggi as they serve as protectors and a symbol of their community. In comparison, men take the responsibility of overseeing its preservation to prevent any form of misuse. Pusako randah is distributed as Islamic teaching. Lineage determination is primarily based on paternal lineage, aligning with Islamic teaching. Upon comprehensive analysis, it becomes evident that there is no conflict between the matrilineal system and Islamic teachings, particularly concerning principles of gender equality. Both women and men have significant roles, as the Qur’an provides extensive explanations regarding gender equality.Contribution: This research holds significant findings in establishing a great relation between Islamic teachings based on the Qur’an and the matrilineal principles practiced by the Minangkabau tribe. (shrink)