Islam Culture And Marriage Consent

This book presents an empirical examination of consent-seeking among Pashtun Muslims in the Pakistani province of Khyber Pakhtunkhwa (KPK), to determine whether cultural norms and beliefs have largely come to diverge from the principles of consent in Islamic law and jurisprudence. Is culture part of the 'inevitable decay' to which Max Müller says every religion is exposed? Or - if rephrased in terms of the research encapsulated within this book - are cultural beliefs and practises the inevitable decay to which Islam has been exposed in Muslim societies? Drawing on interviews with Muslims in Pakistan and Australia, the research broadly broaches questions around the rights of women in Islam and contributes to a wider understanding of Muslim social, cultural, and religious practices in both Muslim majority nations and diaspora communities. The author disentangles cultural practices from both religious and universal legal principles, demonstrating how consent seeking in Pashtun culture generally does not reflect the spirit or the intent of consent as described in Hanafī law and jurisprudence. This research will be of interest to students and scholars across sociology, anthropology, socio-legal studies, and law, with a focus on Islamically-justified law reform in Muslim nation states. Hafsa Khan Pirzada completed her undergraduate in Law, before undertaking her doctoral research in the interplay between culture and Islam. She is currently a Research Fellow at Griffith University, Australia.

Although the institution of marriage has been in existence since the creation of the human race, mankind has struggled to achieve the peace and security that this institution is supposed to offer. Many books have been written and numerous seminars and conferences have been held to answer the often asked question What is the recipe for a blissful marriage?, and although many suggestions have been offered, the rate of divorce continues to increase. The author relentlessly pursued and researched this line of study, taking him back to the first human creation, bringing him nearer to the origin of this institution and its originator. Throughout the ages, many billions of people have followed this tradition in which the lawful reproductions of the human race have been ensured. As time elapsed and man went astray from the divine guidance that came to him, the originator sends constant reminders of the rules, as once sent to the prophets that are supposed to guide us. However, again and again we have chosen to ignore these rules that are supposed to secure that peaceful, happy, tranquil, and durable relationship between husband and wife. Cultural Perception of Marriage among Muslims is filled with advice and a recipe for success for people of all races and colours, religion and locales, of how a blissful marriage can be achieved when drawn from the divine text. So whether you are married or hope to get married one day, this book will be of great benefit and a blessing. This book is to be studied and used as a point of reference in order to avoid the pitfalls of disunity and disagreement and separation between a husband and wife, avoiding a problematic marriage.

This book presents an empirical examination of consent-seeking among Pashtun Muslims in the Pakistani province of Khyber Pakhtunkhwa (KPK), to determine whether cultural norms and beliefs have largely come to diverge from the principles of consent in Islamic law and jurisprudence. Is culture part of the ‘inevitable decay’ to which Max Müller says every religion is exposed? Or – if rephrased in terms of the research encapsulated within this book – are cultural beliefs and practises the inevitable decay to which Islam has been exposed in Muslim societies? Drawing on interviews with Muslims in Pakistan and Australia, the research broadly broaches questions around the rights of women in Islam and contributes to a wider understanding of Muslim social, cultural, and religious practices in both Muslim majority nations and diaspora communities. The author disentangles cultural practices from both religious and universal legal principles, demonstrating how consent seeking in Pashtun culture generally does not reflect the spirit or the intent of consent as described in Hanafī law and jurisprudence. This research will be of interest to students and scholars across sociology, anthropology, socio-legal studies, and law, with a focus on Islamically-justified law reform in Muslim nation states.

It is often said that marriage in Islamic law is a civil contract, not a sacrament. If this is so, this means that the marriage contract is largely governed by the same rules as other contracts, such as sale or hire. But at the same time marriage is a profound concern of the Islamic scriptures of Qur’an and Sunna, and thus at the very core of the law and morality of Islam and of the individual, familial, and social life of Muslims. This volume collects papers from many disciplines examining the Muslim marriage contract. Articles cover doctrines as to marriage contracts (e.g., may a wife stipulate monogamy?); historical instances (e.g., legal advice from thirteenth-century Spain); comparisons with Jewish and canon law; contemporary legal and social practice; and projects of activists for women worldwide. Demonstrating a new and powerful focus for comparative and historical inquiries into Islamic law and social practices, this book marks a fresh point of departure for the study of Muslim women.

This book focuses on Islamic family law as interpreted and applied by judges in Europe, Australia and North America. It uses court transcriptions and observations to discuss how the most contentious marriage-related issues - consent and age of spouses, dower, polygamy, and divorce - are adjudicated. The solutions proposed by different legal systems are reviewed , and some broader questions are addressed: how Islamic principles are harmonized with norms based on gender equality, how parties bargain strategically in and out of court, and how Muslim diasporas align their Islamic worldview with a Western normative narrative.

Using original empirical data and critiquing existing research, Samia Bano explores the experience of British Muslim woman who use Shari'ah councils to resolve marital disputes. She challenges the language of community rights and claims for legal autonomy in matters of family law showing how law and community can empower as well as restrict women.

The Present Publication Represents A Modest Attempt To Profile The Various Critical Issues That Engender Widespread Debate And Discussion In The Context Of Women In Islamic Culture And Society: The Subjects Of Marriage, Divorce, Succession, Dower And Custody Of Children. Profile Papers On Women`S Participation In Feminist And Political Activism In Selected Islamic Nations- Egypt, Turkey And Iran- And Also The Illuminating Note On The Mystic And Sufi Tradition Among Muslim Women.