Marriage and Divorce: Legal Foundations (2009)
The Qur’an is the foundation of all Islamic laws, including laws of marriage and divorce. Where a matter is not addressed specifically there, or where the application of a verse to a certain situation permits several reasonable interpretations, jurists look to the sunnah of the Prophet (including hadith) for additional guidance. Where neither the Qur’an nor sunnah address a matter explicitly, jurists resort to ijtihiid, a system of reasoning and interpretation for which they have articulated several basic principles.
- 3 Encyclopedia of the Modern Islamic World 48 50 (Oxford University Press, 1995)
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Marriage and Divorce: Legal Foundations (1995)
The Qur’an is the foundation of all Islamic laws, including laws of marriage and divorce. Where a matter is not addressed specifically there, or where the application of a verse to a certain situation permits several reasonable interpretations, jurists look to the sunnah of the Prophet (including hadith) for additional guidance.
- Co-editor of Islamic section. Don Browning, Christian Green and John Witte eds., 150-225 (Columbia University Press, 2006)
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Sex, Marriage and Family in World Religions
Chapter 3, entitled “Islam,” is edited by Azizah al-Hibri and Raja’ El-Habti. It consists of a collection of material relevant to the topics listed below. The collection includes selections from the Qur’an and hadith, as well as selections from works by ancient and modern jurists. Titles of topics are:
An introduction about the Prophet Muhammad (SAW)
Foundations of Islamic Jurisprudence
Creation and the Identity of Origin of Women and Men
The Fall from the Garden and Gender Equality
The Marriage Contract, Consent to Marriage
Mahr: The Obligatory Marital Gift
Other Stipulations in the Marriage Contract
Marital Relations, Polygamy, Marital Conflict
Divorce, Sexual Ethics
The Nature of the Islamic Marriage: Sacramental, Covenantal, or Contractual
The nature of the Islamic marriage contract (kitab) has been largely misunderstood by Muslims and non-Muslims alike.
- , in Religious and Ethical Perspectives on Population Issues, pp. 2-11 (The Religious Consultation on Population, Reproductive health and Ethics 1993)
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Family Planning and Islamic Jurisprudence
I am very pleased to have the opportunity today to address you on issues of family planning from an Islamic jurisprudential point of view.
To understand this point of view, we need to understand the basic framework for such jurisprudence. First and foremost, the basic text providing guidance on all Islamic matters is the Qur’an the revealed word of God. No Muslim can adopt a point of view contrary to that of the Qur’an.
- This article was published in the International Review of Comparative Public Policy, v. 4, pp. 227-244, Sr. ed. Nicholas Mercuro and vol. ed. Barbara Stark (JAI 1992), Inc. Copyright permission by Elsevier.
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Marriage laws in Muslim Countries: A comparative Study of Certain Egyptian, Syrian, Moroccan, and Tunisian Marriage Laws.
Family law in Muslim countries rests on traditional assumptions rooted in the patriarchal cultures of these countries. The assumptions give rise to a model of family relationships not unlike that which was espoused by Western legal systems until recently. Modern Muslim jurists have made several attempts to revise local family laws, but their attempts were not always successful for a variety of historical, political, and ideological reasons. This paper attempts to re-invigorate discussion in this area by isolating these traditional assumptions, identifying the resulting model of family relations, and pinpointing some of the most severe consequences of this model for women.
- First published in 27 Fordham International Law Journal 195-224 (December 2003).
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An Islamic Perspective on Domestic Violence
In this Article, I will address the traditional Islamic perspective on domestic violence.
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