Chapter

A Primer on Islamic Family Law

Julie Macfarlane

in Islamic Divorce in North America

Published in print April 2012 | ISBN: 9780199753918
Published online May 2012 | e-ISBN: 9780199949588 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199753918.003.0002
A Primer on Islamic Family Law

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This chapter describes the development of Islamic law as a system from the primary sources of the Qur’an, the Sunna and hadith, and reviews the major tools of an Islamic legal method. It examines the important debate over the capacity of Islamic law to adapt to modern conditions. Islamic family law is what remains of a broader system of Islamic jurisprudence before nineteenth-century colonization. Central to Islamic family systems are concepts of Muslim marriage (via contract) and divorce (release from that contract). This chapter describes the most important principles of the marriage contract (including the mahr) and the three major approaches to divorce: talaq (divorce by the husband); khula (divorce requested by the wife); and faskh (judicial annulment of marriage).

Keywords: Islamic jurisprudence/legal method; Islamic divorce; Khula; Talaq; Faskh; Nikah

Chapter.  9442 words. 

Subjects: Islam

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