Maktaba Wahhabi

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to exist or remain valid until proven otherwise. In Islamic Law, a Muslim man can marrwomen at a time. A Muslim woman is not allowed to marry a non-Muslim man. Marriage is also prohibited for partners who have a certain blood relationship or consanguinity. After divorce or death of husband, Muslim women are prohibited from remarrying for a specific period of time and must remain in seclusion in order to ascertain if she is pregnant or not. Chapter 2: Classical Muslim Family Law Patrilocal marriage was the most important type of marriage in pre-Islamic Arabia. In marriage matters woman’s most important asserts were her sexual purity and reproductive capacities. The marriage contract was held by the payment of dower (mahr) to woman’s father or tribe; however, she maintained her blood kinship to her own tribe and had the right to their protection in the event that her husband mistreated her. Leviration, female infanticide, unlimited polygamy, and absence of waiting period after divorce were the general customs in pre-Islamic Arabia. Some scholars argue that absence of waiting period gave women greater freedom to pursue immediate remarriage and greater control over her own sexuality and reproductive functions. Marriage is obligatory in Islam to spread the faith and fight for it. In orthodox Islamic rule twelve years for boys and nine years for girls considered as the age of adolescence because it was customary in an agrarian society to marry at an early age. Great emphasis was placed on the value of many children, so young wives were preferred. Muslim men can contract their marriage but Muslim woman must have a male guardian to contract the marriage. A important characteristic of Islamic decree is the power (jabr) that is given to the father or grandfather, who can make a marriage contract for minors that cannot be canceled even at puberty. There are three types of marriages i. Batil Marriage ii. Fasid Marrige iii. Sahih Marriage. After the establishment of marriage bond, the wife's prime responsibilities includs maintaining a home, upbriging her children, and act as her husband wishes. The husband is given by the right to restrict his wife’s social activities and enforces her to observe purdah. This limitation of the wife reveals the customary medieval social traditions of purdah and seclusion of women, to protect their honor. Whereas women are granted by property rights, dower rights, right of maintenance, parentage, inheritance and divorce. Chapter 3: Modern Muslim Family Law in Comparative Perspective In the middle east, the reforms in laws were initiated from Egypt in the ottoman empire in 9th century but as far as the family laws are concerned no
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