MIN 415 – Islamic Family Law
This module presents an in-depth study of the Islamic family law in contemporary contexts. In Islamic family law general principles of Shari’a govern such matters as marriage, divorce, maintenance, paternity and custody of children and the module contains study of major issues of family law in Islam. Moreover it will cover the extent to which Shari’a law in this respect is applied in Muslim communities everywhere.
• The law of marriage and its different types of marriage, also covering respective duties, condition of marriage and defects, terms of marriage, duration of marriage and dowry (mehr/mahr),
• The law of divorce and its different forms of divorce, also covering the disbanding of the contract, death of a partner and the waiting period,
• Guardianship, (walāyah),
• The Custody of children (kefālah)
• Maintenance (nafaqah),
• Polygamy, (taa’dod al azwaj)
• Marriage related Inheritance laws, (werāthah)
• bequest (waşiyyah)
• Family planning
• Islam and gender, and the rights of the women
With the aim of providing an overview of the topics as well as focusing on specific issues, each session above will address the relevant Islamic legal framework and particular contemporary issues of special importance but will only touch on comparative aspect leaving the bulk of this work to the module of Comparative Law and legal systems.