Interfaith marriage: Comparative analysis of the prescriptions of Islam and current legislation of Muslim states

 
PIIS032150750021338-3-1
DOI10.31857/S032150750021338-3
Publication type Article
Status Published
Authors
Occupation: Post-graduate student, Faculty of Law, HSE University: Trainee Researcher, Institute of National and Comparative Law, HSE University; Lecturer, School of Public Law, HSE University
Affiliation: National Research University “Higher School of Economics”
Address: Russian Federation, Moscow
Journal nameAsia and Africa Today
EditionIssue 8
Pages42-49
Abstract

This article appears to be a follow-up to the article ‘Polygamy and interfaith marriages according to Sharia, fiqh and current legislation of Muslim states’ published by the author in issue № 11 in 2021 of this journal. Within the framework of the present article, the author deeps into the question of the permissibility of interfaith marriages according to the legislation of the countries where Islam is widely spread.

The aim of the work is to analyse and compare the postulates of Sharia, fiqh and the legislation norms of some countries for the permissibility of interfaith marriages. The methodology of this article is based on the distinction of such concepts as Sharia, Fiqh and Islamic law. In the author’s opinion, the incorrect connotation of the mention terms leads to incorrect results of the research papers. There have been norms of 11 countries’ legislation analysed in this research (Turkey, India, Saudi Arabia, Jordan, Morocco, Tunis, Iran, Iraq, the Maldives, Malaysia, Egypt), which makes this paper both theoretically and practically significant.

As a result of this research, the author comes to a conclusion that the issue of the permissibility of interfaith marriages is solved in the legislation differently. In this way, the norms of the legislation of some countries do not contain any provisions or references on the question, while the norms of other states either coincide with the provisions of Sharia or contradict it in varying degrees - partly or totally.

KeywordsMuslim states, Sharia, fiqh, Islamic law, polygamy, interfaith marriages, people of the Book
AcknowledgmentThe reported study was funded by Russian Federation of Basic Research (RFBR), project № 20-311-90059 “Interfaith Marriage in Islamic Law: Theory and Practice”.
Received10.04.2022
Publication date16.08.2022
Number of characters28372
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