Qasm (قسم)
Definition
Qasm (قسم), literally meaning “to divide,” is a term used within Islamic jurisprudence to refer specifically to the division of conjugal rights among spouses. This concept is rooted in ensuring justice, equity, and fairness, particularly in scenarios involving polygamous marriages.
Etymology
- Arabic: قسم (Qasm)
- Turkish: Bölme (although not commonly used in Islamic legal context)
Context and Usage
Qasm is enjoined by Islamic law as a means to distribute time and conjugal privileges equally among co-wives in a polygamous marriage. Islamic legal texts, like the Mishkāt, emphasize the importance of this division to prevent favoritism and ensure that all spouses receive fair treatment.
Reference:
- Mishkāt (Book xiii, Chapter x): This is a key hadith collection that provides insight into the Prophetic traditions which form a basis for understanding and implementing Qasm within Islamic jurisprudence.
Legal and Theological Significance
Islamic Law (Fiqh)
In the framework of Fiqh (Islamic jurisprudence), Qasm is mandated to uphold economic fairness and emotional well-being among wives. The division is not only limited to physical companionship but also extends to financial support and emotional care.
Ethical and Theological Underpinnings
In Islam, equity and justice are paramount. By ensuring Qasm, Islamic jurisprudence seeks to manifest these core values within familial and marital structures. This underscores the importance Islam places on balanced and just social relations.
Books for Further Study
- “Women and Islamic Law in a Non-Muslim State: A Study Based on Decisions of the Sharia Courts in Israel” by Aharon Layish – This book delves into many aspects of Islamic family law, including the division of conjugal rights among co-wives.
- “Shari’ah: Islamic Law in the Contemporary Context” edited by Abbas Amanat and Frank Griffel – This volume provides a broader perspective on how Islamic law functions in modern contexts, including family law.
- “An Introduction to Islamic Law” by Wael B. Hallaq – A comprehensive introduction to Islamic legal principles, including discussions on marital rights and duties.
Takeaways
- Qasm is central to ensuring fairness in polygamous marriages by mandating an equitable division of conjugal rights.
- Its foundation lies in core Islamic values of justice and equity, reflecting broader theological and ethical commitments within Islam.
- Islamic Jurisprudence (Fiqh) provides a structured way to implement Qasm, illustrating Islam’s comprehensive approach to balanced familial relations.
Conclusion
Qasm (قسم), through its legal and ethical dimensions, ensures that polygamous marriages are governed by principles of equality and justice. It reflects a deep commitment in Islamic thought to balance personal rights and communal responsibilities, upholding the equitable treatment of all parties involved. For those interested in further exploring this topic, key scholarly works provide a robust foundation for understanding its application and significance within the broader framework of Islamic law.
