Marriage and Divorce: Modern Practices
Marriage and Divorce: Modern Practices - In contemporary Islamic contexts, marriage (nikah in Arabic, nikah in Turkish) and divorce (talaq in Arabic, boşanma in Turkish) are governed by a combination of traditional Islamic law and modern legal statutes. This entry explores the various conditions, laws, and practices governing marriage and divorce, highlighting differences across regions and legal systems.
Etymology
- Marriage (Nikah): Derived from the Arabic root n-k-h, meaning “to contract” or “to tie”.
- Divorce (Talaq): Stemming from the Arabic root t-l-q, meaning “to release” or “to let go”.
Legal Validity
For a marriage to be legally valid in most Muslim-majority countries, a contract (aqd nikah) and a dowry (mahr, or mehr in Turkish) are required. Other conditions for validity include the consent of both parties, the presence of witnesses, and in some cases, the permission of a wali (guardian for the bride). Legal validity may also depend on local customs (ʿurf) and country-specific laws.
Regional Variations
Tunisia and Turkey
Both countries have implemented reforms to ensure more gender equality in marital practices. Polygyny, the practice of having more than one wife, is outlawed entirely.
Most Other Countries
In other Islamic jurisdictions, polygyny is not completely outlawed but is subject to strict legal conditions. Only men can initiate a divorce unilaterally (talaq), although judicial divorce (khula) is also available where women seek a courts’ permission.
Gender Parity
While men generally hold the exclusive right to initiate divorce, women may face significant legal barriers in accessing divorce and gaining child custody. Women in many countries can seek judicial intervention for a divorce due to issues such as neglect or abuse.
Interfaith Marriages
Modern Muslim legislation generally allows Muslim men to marry women from the “People of the Book” (Christians and Jews), but Muslim women are typically prohibited from marrying non-Muslim men.
Maintenance and Property Rights
The man is typically required to provide financial maintenance for his spouse(s) and children. Importantly, married women retain the right to own and dispose of their private property independently of their husband.
Temporary Marriages
In Shia-majority Iran, temporary marriages known as mutah (temporary marriage contracts with agreed fixed terms) are legally recognized.
Sociopolitical Influence
Marriage and divorce laws and practices vary widely based on historical context and on-going social, political, and economic circumstances. Local traditions and the degree of implementation of Sharia law affect these practices significantly.
Expanded Topics
For a deeper understanding, readers should explore related entries on Family Law, Legal Foundations of Marriage and Divorce, Mutah (Temporary Marriages), and Polygyny.
Further Readings
- “Women and Shari’a Law: The Impact of Legal Pluralism in the UK” by Elham Manea
- “Male Domination, Female Revolt: Race, Class, and Gender in Kuwaiti Oral History” by Victoria Gonzalez-Rivera
- “Family Law and the Nations of Africa: A Comparison of Family Laws in Corpus Juris Call Provisions” by Alexander A. Magaisa
Key Takeaways
- Modern Muslim marriage practices require contracts and dowries.
- Polygyny is outlawed or restricted, especially in Tunisia and Turkey.
- Divorce laws are gender-biased, generally favoring men.
- Gender equality and property rights are upheld to varying degrees.
- Marital laws are heavily influenced by sociopolitical and economic contexts.
Conclusion
Marriage and divorce practices in modern Islamic contexts highlight an evolving interface between traditional Islamic law and contemporary legal reforms. The balance between adherence to religious principles and leveraging progressive legislation shapes the dynamic landscape of family law in the Muslim world.
