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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Main Author: Seyyed Abolhasan Navvab
Format: Article
Language:English
Published: University of Religions and Denominations Press 2020-06-01
Series:Religious Inquiries
Subjects:
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.
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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
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