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[18] [20] According to legal doctrine, a woman's testimony in some areas of law carried half the weight of that of a man, though available evidence suggests that practical effects of this rule were limited and the legal standing of women in pre-modern Islam was comparable to or higher than that of their European contemporaries. [21] [22]
Marriage is an act of Islam [13] and is strongly recommended. [12] [14] Polygyny is permitted in Islam under some conditions, but polyandry is forbidden. [15] In Islam, marriage (Arabic: نِكَاح, romanized: Nikāḥ) is a legal contract between a man and a woman. Both the groom and the bride are to consent to the marriage of their own free ...
For example, in the United States, about 10% of Muslim women are married to Non-Muslim men. [34] The tradition of reformist and progressive Islam does permit marriage between Muslim women and Non-Muslim men; [33] Islamic scholars opining this view include Hassan Al-Turabi, and some others. [35]
Divorced Muslim women today also face the stigmas associated with being divorced within the North American Muslim community that can make it difficult for them seek remarriage. [78] Gender roles and ideas about marriage have also shifted since the early onset of Islam when many of the rules around marriage were established.
Historically, the rules of divorce were governed by sharia, as interpreted by traditional Islamic jurisprudence, though they differed depending on the legal school, and historical practices sometimes diverged from legal theory. [86] [87] Divorce in Islam is permitted, but the theology provides different rules for husbands from wives.
According to the founder of the Maliki school of fiqh, Malik ibn Anas, there are two kinds of custody or guardianship – khassa (specific) and `amma (general). Specific guardianship belongs to the patriarchal lineage – father, grandfather, etc. (explained above). General guardianship "was connected completely with Islam, and every Muslim male".
A form of khulʿ was adopted by Egypt in 2000, allowing a Muslim woman to divorce her husband without any fault. The law is so strict that only 126 women out of 5,000 women who applied for khul were actually granted. As a condition of the divorce, the woman renounces any financial claim on the husband and any entitlement to the matrimonial home ...
Groom signing the marriage documents in Bangladesh An 1874 Islamic marriage contract. A bride signing the nikah nama (marriage contract).. An Islamic marriage contract is considered an integral part of an Islamic marriage, and outlines the rights and responsibilities of the husband and wife or other parties involved in marriage proceedings under Sharia.
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