Polygamy and interfaith marriages according to Sharia, fiqh and current legislation of Muslim states

 
PIIS032150750017410-3-1
DOI10.31857/S032150750017410-3
Publication type Article
Status Published
Authors
Occupation: Post-Graduate Student, National Research University “Higher School of Economics”; Research Intern at the HSE Institute of National and Comparative Legal Research
Affiliation: National Research University “Higher School of Economics”, Moscow
Address: Russian Federation, Moscow
Journal nameAsia and Africa Today
EditionIssue 11
Pages64-71
Abstract

In the article the author discusses whether polygamy and interfaith marriages are permissible according to Sharia, fiqh and recent legislation of some Muslim countries.

The article aims at identifying whether the mentioned questions are regulated equally in accordance with Sharia, fiqh and current family laws. In case the regulation is various, it is necessary to give the answer what is the reason for such a discordance, as the basis of the state is the same - Sharia.

The methodology of this work is based on the differentiation of the terms ‘Sharia’, ‘fiqh’ and ‘Islamic law’, as synonymising them, a person might come to incorrect conclusions.

The author gives some basic postulates of an Islamic marriage and analyses it not only from a theoretic perspective (Sharia and fiqh), but also from a modern legislation one, which provides some practical significance to the research and gives an opportunity to apply the conclusions.

As a result of this research the author concludes that interfaith marriages and polygamy are permitted in the context of Sharia and fiqh; while in the legislation of the countries accepted to be Islamic, the question on polygamy is sometimes solved completely differently from Sharia ideas.

The mentioned discordances, various interpretations of Sharia and fiqh are, on the author’s opinion, connected with the process of globalisation. Although it has plenty of advantages, still there is one crucial drawback - ‘equalisation of countries’, which results in the loss of the identity of the countries engaged in the globalisation. This gives some ground to think over unification of family law in Arabic countries, as their norms regulating family relations deprive from one source.

KeywordsSharia, fiqh, Islamic law, polygamy, interfaith marriages
AcknowledgmentThe reported study was funded by Russian Federation of Basic Research (RFBR), project number 20-311-90059 “Interfaith Marriage in Islamic Law: Theory and Practice”.
Received20.07.2021
Publication date24.11.2021
Number of characters29058
Cite  
100 rub.
When subscribing to an article or issue, the user can download PDF, evaluate the publication or contact the author. Need to register.

Number of purchasers: 0, views: 388

Readers community rating: votes 0

1. Syukiyaynen L.R. 1986. Muslim Law. Theory and Practice. Moscow. 254 p. (in Russ.)

2. Schacht J. 1982. An Introduction to Islamic law. Oxford. Oxford University Press. 304 p.

3. Mathias Rohe. 2019. Islamic Law in Past and Present / Translated from German. Moscow. 576 p. (In Russ.)

4. Kerimov G.M. 2012. Sharia: Muslims’ law of life. Sharia’s answers to the problems of modernity. Saint Petersburg. 512 p. (In Russ.)

5. Nasir J.J. 1986. The Islamic Law of Personal Status. L. Graham and Trotman. 328 p.

6. Abdo Nahla. 1997. Muslim family law: articulating gender, class and the state. International Review of Comparative Public Policy. ¹ 9. Pp. 169-193.

7. Abu Zahra M.1995. Family Law. Law in the Middle East. Vol. 1. Washingtonþ. Pp. 27-35.

8. Mehdi R. 1995 Legal rights of Muslim Women - a pluralistic approach. Law and the Islamic World. Past and Present. Copenhagen. 1995. Pp. 91-99.

9. Nasir, Dr. Jamal J. Ahmad. 2009. The Status of Women under Islamic Law and Modern Islamic Legislation. Netherlands. 213 p.

10. Marghinani B. 2010. Al-Hidayah (The Guidance). Commentaries on Muslim. In two parts. Part 1. Vol. I-II.Translated from English. Moscow. 2010. 808 p. (In Russ.)

Система Orphus

Loading...
Up