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Islamic family jurisprudence (Arabic:فقه الأسرة الإسلامية,faqah al'usrat al'iislamia) orIslamic family law orMuslim Family Law is thefiqh of laws and regulations related to maintaining of Muslim family, which are taken fromQuran,hadith,fatwas of Muslim jurists andijma of the Muslims.[1][2][3] It containspubertal,marital,sexual,child upbringing,adoption and fostering,inheritance,criminal and other related subjects.[4] The subject mainly discusses onfoster relationship,marriage,divorce, Ila, li'an, Raj'ah,Khul',Zihar,Iddah, custody and maintenance of children etc.[1][5] From thepolitical aspects, Muslim family law is a part of almost every national constitution of the world regarding religious (Muslim) laws, especially of theMuslim-majority countries.
In Islamiclegal terminology, bāligh (Arabic:بالغ, adult) or mukallaf (Arabic:مكلف, responsible) of muhallaq (Arabic:محلاق, tendril, mentally matured) or murahiq (Arabic:مراهق, frequently errant, evildoer in a hurry) or muhtalim (Arabic:محتلم, pubescent) refers to someone who has reached maturity orpuberty, and has full responsibility underIslamic law.[6][7][8][9]
In Islam, human life is divided into two parts, the first is before adolescence or childhood, when man is considered innocent, and the second is after adolescence (bulugiyat) or adulthood, when the Islamic law is fully applied to man and the hereafter is judged. If a person dies before he becomes an adult, he is considered to be in heaven.[10][8]
According to Islamic jurists, human irads or niyah or qasd or free will, aqal or ability to judge right and wrong, and courage are formed before the age of puberty (Tamyiz) and between the age of puberty, and after the age of puberty (Taklif), his intellect (Aql), that is, wisdom and judgment, attains perfection. Therefore, from childhood, that is, before the age of seven, the child is taught the Kitab or knowledge, Adab or etiquette, Ibadat or worship and Taharat or cleanliness, because at this time the child is easily fit to receive education.[10][8][11]
InIslamic law (sharia),marriage (nikāḥ نکاح) is a legal and socialcontract between two individuals.[12] Marriage is an act ofIslam[13] and is strongly recommended.[12][14]Polygyny is permitted in Islam under some conditions, butpolyandry is forbidden.[15]
InIslam,marriage (Arabic:نِكَاح,romanized: Nikāḥ) is a legalcontract between a man and a woman. Both the groom and the bride are to consent to the marriage of their own free wills. A formal, binding contract – verbal or on paper[16] – is considered integral to a religiously valid Islamic marriage, and outlines the rights and responsibilities of the groom and bride.Divorce in Islam can take a variety of forms, some executed by a husband personally and some executed by a religious court on behalf of a plaintiff wife who is successful in her legal divorce petition for valid cause.
In addition to the usual marriage until death or divorce, there is a different fixed-term marriage known aszawāj al-mutʻah ("pleasure marriage")[17]: 1045 permitted only by theTwelver branch ofShi'ite Islam for a pre-fixed period.[18][19]: 242 [20] There is alsoNikah Misyar, a non-temporary marriage with the removal of some conditions such as living together, permitted by some Sunni scholars.[21][22][23]
Islamic sexual jurisprudence (Arabic:الفقه الجنسي الإسلامي,alfaqah aljinsiu al'iislamiat) is a part of family,[24]marital,[25]hygienical[26] andcriminal jurisprudence[27][28] ofIslam that concerns the Islamic laws ofsexuality inIslam, as largely predicated on theQur'an, the sayings ofMuhammad (hadith) and the rulings of religious leaders' (fatwa) confiningsexual activity tomarital relationshipsbetween men and women.[29][30] While most traditions discouragecelibacy, all encourage strictchastity,modesty andprivacy with regard to any relationships betweengenders, holding forth that theirintimacy as perceived within Islam – encompassing a swath of life broader than sexual activity – is largely reserved for marriage. This sensitivity to gender difference, gender seclution andmodesty outside of marriage can be seen in current prominent aspects of Islam, such as interpretations ofIslamic dress and degrees ofgender segregation.[31]
Islamic criminal law (Arabic:فقه العقوبات) iscriminal law in accordance withSharia. Strictly speaking, Islamic law does not have a distinct corpus of "criminal law". It divides crimes into three different categories depending on the offense –Hudud (crimes "against God",[32] whose punishment is fixed in theQuran and theHadiths),Qisas (crimes against an individual or family whose punishment is equal retaliation in the Quran and the Hadiths), andTazir (crimes whose punishment is not specified in the Quran and the Hadiths, and is left to the discretion of the ruler orQadi, i.e. judge).[33][34][35] Some add the fourth category ofSiyasah (crimes against government),[36] while others consider it as part of either Hadd or Tazir crimes.[37][38]
Zinā (زِنَاء) or zina (زِنًى orزِنًا) is anIslamic legal term referring to unlawful sexual intercourse.[39] According totraditional jurisprudence, zina can includeadultery[40][41][42] (of married parties),fornication[40][41][42] (of unmarried parties),prostitution,[43]rape,[39]sodomy,[40][44]homosexuality,[45][44]incest,[46][47] andbestiality.[40][48] Although classification of homosexual intercourse as zina differs according tolegal school,[49] the majority apply the rules of zinā to homosexuality,[50][51] mostlymale homosexuality.[52] TheQuran disapproved of the promiscuity prevailing in Arabia at the time, and several verses refer to unlawful sexual intercourse, including one that prescribes the punishment of 100 lashes for fornicators.[53] Four witnesses are required to prove the offense.[53] Zina thus belongs to the class ofhadd (pl.hudud) crimes which have Quranically specified punishments.[53]
Although stoning for zina is not mentioned in the Quran, all schools of traditional jurisprudence agreed on the basis ofhadith that it is to be punished by stoning if the offender ismuhsan (adult, free, Muslim, and having been married), with some extending this punishment to certain other cases and milder punishment prescribed in other scenarios.[53][39] The offenders must have acted of their own free will.[53] According to traditional jurisprudence, zina must be proved by testimony of four eyewitnesses to the actual act of penetration, or a confession repeated four times and not retracted later.[53][39] Rape was traditionally prosecuted under different legal categories which used normal evidentiary rules.[54] Making an accusation of zina without presenting the required eyewitnesses is calledqadhf (القذف), which is itself ahadd crime.[55][56]
The topic of Islam and children includes the rights of children inIslam, the duties of children towards their parents, and the rights of parents over their children, both biological andfoster children. Also discussed are some of the differences regarding rights with respect to different schools of thought.
Raḍā or riḍāʿa (Arabic:رضاع, رضاعة pronounced[rɪˈdˤɑːʕ(æ)], "breastfeeding") is atechnical term inSunniIslamic jurisprudence (fiqh) of family meaning "the suckling which produces the legal impediment to marriage of foster-kinship",[57] and refers to the fact that under Sunni jurispurdence, a wet nurse is considered related to the infant she nurses. The term derives from theinfinitive noun of theArabic wordradiʿa orradaʿa ("he sucked the breast of his mother"). Often it is translated as "fosterage" or "milk kinship".[58]
The concept ofradāʿ derives from Islamic andpre-Islamicnotions concerning the state ofblood relations whereby awet nurse (and her close relations) and the baby she is nursing (and his or her close family) are deemed related to one another (a status known asmahram) through the act ofbreastfeeding. One important consequence is that the wet nurse and her family are forbidden to marry the baby and members of the baby's family (e.g. the nursling's biological brother with the milk-mother's biological daughter). Conversely, the milk-relationship allows usually forbidden familiarities between the two groups, (e.g. if the nursling is male, when he becomes an adult he may view the milk-mother and her close female relativesunveiled orin private, exactly as if he were a relation).[59]
Divorce in Islam can take a variety of forms, some initiated by the husband and some initiated by the wife. The main traditional legal categories aretalaq (repudiation),khulʿ (mutual divorce), judicial divorce and oaths. The theory and practice of divorce in the Islamic world have varied according to time and place.[60] Historically, the rules of divorce were governed bysharia, as interpreted bytraditional Islamic jurisprudence, though they differed depending on thelegal school, and historical practices sometimes diverged from legal theory.[61] In modern times, as personal status (family) laws were codified, they generally remained "within the orbit of Islamic law", but control over the norms of divorce shifted from traditional jurists to the state.[60][62]
Islamic Inheritance jurisprudence is a field ofIslamic jurisprudence (Arabic:فقه) that deals withinheritance, a topic that is prominently dealt with in theQur'an. It is often calledMīrāth, and its branch ofIslamic law is technically known asʿilm al-farāʾiḍ (Arabic:علم الفرائض, "the science of the ordained quotas").[53]
Heirs referred to as primary heirs are always entitled to a share of the inheritance, they are never totally excluded. These primary heirs consist of the spouse relict, both parents, the son and the daughter. All remaining heirs can be totally excluded by the presence of other heirs. But under certain circumstances, other heirs can also inherit as residuaries, namely the father, paternal grandfather, daughter, agnatic granddaughter, full sister, consanguine sister and mother.[63] Those who inherit are usually categorized into three groups:
In a misyar marriage the woman waives some of the rights she would enjoy in a normal marriage. Most misyar brides don't change their residences but pursue marriage on a visitation basis.
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