Definition
Marriage and Divorce: Modern Practices refer to the contemporary methods and regulations surrounding marital unions and their dissolution within Islamic societies. These practices are influenced by the intersection of religious doctrine, local customs, legal frameworks, and social changes occurring worldwide.
Etymology and Background
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Marriage (نکاح - Nikah): This term originates from the Arabic root word “n-k-ḥ”, meaning “marriage” or “union”. In the context of Islamic law, it is a solemn and sacred contract (aqd) between a man and a woman, recognized through mutual consent and specific guidelines (e.g., mahr or bridal gift).
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Divorce (طلاق - Talaq): Originates from the Arabic root word “ṭ-l-q”, meaning “to release” or “free.” It reflects the dissolution of the marital contract, emphasizing the ending of obligations between husband and wife.
Historical Facts and Dates
- Early Islamic Period: Marriage was seen as a civil contract with clear rights and obligations.
- Ottoman Rule Era (14th - 20th Century): Introduced codified family laws that influenced various Islamic territories.
- 20th Century Reforms: Countries like Tunisia (1956) and Turkey (1926) restructured family laws prohibiting practices such as polygyny.
Cultural Differences and Similarities
Similarities
- Marriage Contract: Seen as essential across Muslim cultures.
- Dowry/Mahr: The bridal gift remains a widespread custom.
- Rights and Duties: Mutual rights, though husband’s obligations often surpass.
Cultural Variations
- Polygyny: Legal yet restricted in most Muslim countries, outright banned in Tunisia and Turkey.
- Temporary Marriages (Mutah): Practiced legally in Shī‘ī communities, notably Iran.
Synonyms and Antonyms
Synonyms
- Nikah (نکاح - Arabic, Urdu etc.)
- Proscheski (Совместная жизнь - Russian 共生活 - Chinese)
Antonyms
- Illegal cohabitation
- Non-religious partnerships
Related Terms and Definitions
- Mahr (مهر): Bridal money/gift given by the husband to the wife.
- Polygyny (تعدد الزوجات): The practice of a man having multiple wives.
- Mutah (متعة): Temporary marriage recognized by Shi’a Islam.
- Khula (خُلع): Divorce initiated by the wife.
- Iddah (عدة): Waiting period following a divorce or husband’s death before remarrying.
Exciting Facts
- The practice of Nikah Zawaj aligns with Prophet Muhammad’s (PBUH) emphasizing mutual respect and consent.
- Some historical scholars recognize women’s unofficial, yet decisive, roles in ancient Fatimid societies.
Quotations
“And among His Signs is that He created for you mates from among yourselves, that you may dwell in tranquillity with them, and He has put love and mercy between your hearts: verily in that are Signs for those who reflect.” - Qur’an 30:21
References:
- Esposito, John L., et al. Women in Muslim Family Law. Syracuse University Press, 2001.
- El-Azhary Sonbol, Amira. Women, the Family, and Divorce Laws in Islamic History. Syracuse University Press, 1996.
- An-Na’im, Abdullah. Islamic Family Law in a Changing World: A Global Resource Book. Zed Books, 2002.
Suggested Literature and Further Studies
- Moghadam, Valentine M. Modernizing Women: Gender and Social Change in the Middle East. Lynne Rienner Publishers, 2003.
- Welchman, Lynn. Beyond the Code: Muslim Family Law and the Syndicated State in the Muslim World. NGB Publications, 2000.
Farewell Note:
“Reflect upon the true essence of union and dissolution in Islam — a perspective embedding both honor and resolve.”
Best Regards, Dr. Layla Hassan
