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,...
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Format: | Article |
Language: | English |
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University of Religions and Denominations Press
2020-06-01
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Series: | Religious Inquiries |
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Online Access: | https://ri.urd.ac.ir/article_113827_f6c9a5cc9570b266f3b7c012b9e57f6e.pdf |
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author | Seyyed Abolhasan Navvab |
author_facet | Seyyed Abolhasan Navvab |
author_sort | Seyyed Abolhasan Navvab |
collection | DOAJ |
description | 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. |
first_indexed | 2024-03-12T08:45:05Z |
format | Article |
id | doaj.art-a7eb51a64f8e43d0a84d482eceef0c19 |
institution | Directory Open Access Journal |
issn | 2322-4894 2538-6271 |
language | English |
last_indexed | 2024-03-12T08:45:05Z |
publishDate | 2020-06-01 |
publisher | University of Religions and Denominations Press |
record_format | Article |
series | Religious Inquiries |
spelling | doaj.art-a7eb51a64f8e43d0a84d482eceef0c192023-09-02T16:29:48ZengUniversity of Religions and Denominations PressReligious Inquiries2322-48942538-62712020-06-0191721524410.22034/ri.2020.244130.1429113827The Problem of Customary Marriage and the Solution of Temporary MarriageSeyyed Abolhasan Navvab0Associate professor, University of Religions and Denominations, Qom, Iran.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.https://ri.urd.ac.ir/article_113827_f6c9a5cc9570b266f3b7c012b9e57f6e.pdfmarriagetemporary marriagecustomary marriagemutʿaemergency |
spellingShingle | Seyyed Abolhasan Navvab The Problem of Customary Marriage and the Solution of Temporary Marriage Religious Inquiries marriage temporary marriage customary marriage mutʿa emergency |
title | The Problem of Customary Marriage and the Solution of Temporary Marriage |
title_full | The Problem of Customary Marriage and the Solution of Temporary Marriage |
title_fullStr | The Problem of Customary Marriage and the Solution of Temporary Marriage |
title_full_unstemmed | The Problem of Customary Marriage and the Solution of Temporary Marriage |
title_short | The Problem of Customary Marriage and the Solution of Temporary Marriage |
title_sort | problem of customary marriage and the solution of temporary marriage |
topic | marriage temporary marriage customary marriage mutʿa emergency |
url | https://ri.urd.ac.ir/article_113827_f6c9a5cc9570b266f3b7c012b9e57f6e.pdf |
work_keys_str_mv | AT seyyedabolhasannavvab theproblemofcustomarymarriageandthesolutionoftemporarymarriage AT seyyedabolhasannavvab problemofcustomarymarriageandthesolutionoftemporarymarriage |