Book Description

Marriage is an age-old social institution regulated by rulings that have been established according to society, culture and religion. Islam promotes marriage between a man and a woman as a lawful way for them to reproduce and satisfy their sexual desires. In Islam, men and women are equal and marriage affords a way for them to complete each other. Islam does not accept a celibate lifestyle as a way of being more pious, as this goes against the human nature ordained by God. Through marriage, men and women become a source of comfort, rest and happiness for each other.This book explains from a classical viewpoint the rulings on marriage, divorce, custody and other important topics regarding Islamic family law. It explains how the early scholars developed their juristic opinions regarding family law according to the needs of the Muslims of their time.This book is divided into 14 chapters, which explain various aspects of family law. The first chapter introduces family law and explains the goal of the book, marriage in its historical context, how Islamic law was established and how Muslim jurists develop their juristic opinions. The book gives information on key concepts such as the nikāḫ (marriage contract), the basic principles of marriage, the rules of engagement and the etiquette of the marital sexual relationship. In Islam there is specific legislation regarding who is lawful to marry and what type of marriage contracts are permitted. These topics are explained in two chapters, which include those who are unlawful to marry and forbidden marriage contracts. Another important topic that is dealt with is guardians, agency, and equality in marriage. After this, mahr (dowry) and its rulings are explained in detail from the classical viewpoint. The following chapters deal with the topics of the marriage of non-Muslims and their status in Islamic law; breastfeeding (raḏā) and its rulings; adoption in Islam and its relevance to contemporary Muslims; divorce, its mechanism and related rulings; custody, maintenance and alimony. These are all explained from the viewpoint of classical Islamic law. The final chapter discusses contemporary issues relevant to today's Muslims and offers some analysis and criticism as well as solutions.