The Problem of Customary Marriage and the Solution of Temporary Marriage
Customary marriage (nikāḥ ‘urfī)—non-official married life of a couple—is a new phenomenon increasingly spreading throughout the Arab world. Legal and social consequences of customary marriage have led many socio-jurisprudential scholars to forbid all its varieties. The strategy has, nevertheless,...
| المؤلف الرئيسي: | |
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| التنسيق: | مقال |
| اللغة: | English |
| منشور في: |
University of Religions and Denominations Press
2020-06-01
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| سلاسل: | Religious Inquiries |
| الموضوعات: | |
| الوصول للمادة أونلاين: | https://ri.urd.ac.ir/article_113827_f6c9a5cc9570b266f3b7c012b9e57f6e.pdf |
| الملخص: | Customary marriage (nikāḥ ‘urfī)—non-official married life of a couple—is a new phenomenon increasingly spreading throughout the Arab world. Legal and social consequences of customary marriage have led many socio-jurisprudential scholars to forbid all its varieties. The strategy has, nevertheless, failed to restrain the spread of this type of marriage. In this paper, I argue that one fundamental religiously acceptable solution is temporary marriage. Although Muslims have disagreed over the legitimacy of temporary marriage, I argue that they all agree over its original legitimacy according to the Quran and Hadith, and then I show that there is no decisive evidence for the subsequent abrogation of its legitimacy. Moreover, I argue that temporary marriage can serve the purposes of customary marriage. Thus, all Muslims can accept temporary marriage as a religious replacement for customary marriage. |
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| تدمد: | 2322-4894 2538-6271 |