Relevant bibliographies by topics / Marriage age (Islamic law) ; Marriage law

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  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Conference papers
  6. Reports

Academic literature on the topic 'Marriage age (Islamic law) ; Marriage law'

Author: Grafiati
Published: 4 June 2021
Last updated: 16 February 2022

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Journal articles on the topic "Marriage age (Islamic law) ; Marriage law"

1

Wahyudi, Muhamad Isna. "MENUJU HUKUM PERKAWINAN ISLAM PROGRESIF TOWARDS PROGRESSIVE ISLAMIC MARRIAGE LAW." Jurnal Hukum dan Peradilan 3, no. 1 (April 23, 2018): 59. http://dx.doi.org/10.25216/jhp.3.1.2014.59-68.

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There are some provisions on the Bill of Religious Judicature Substantial Law on Marriage that need to be formulated in accordance with the present time. In this way, the Islamic Law of Marriage in Indonesia will be progressive and not discriminative against women. Those provisions include the pillar of marriage, the age of marriage, the guardian of marriage, and the status of child. This article tries to contextualize those provisions in accordance with the present time using hermeneutical approach. As the result, the registration of marriage should be one of the pillars of marriage, the age of marriage should be formulated by considering women’s reproduction health, the guardian of marriage for the bride is not pillar of marriage, and the child of pregnant woman marriage is counted as legal child whose lineage to both parents. Keywords: pillar of marriage, the age of marriage, the guardian of marriage, and the status of child.
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Elkhairati, Elkhairati. "Pembatasan Usia Perkawinan (Tinjauan Undang-undang dan Maqashid asy-Syari’ah)." Al-Istinbath : Jurnal Hukum Islam 3, no. 1 (June 29, 2018): 87. http://dx.doi.org/10.29240/jhi.v3i1.403.

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This article aims to review the Law and Maqashidasy-Syari'ah regarding the age limit of marriage. The literature of Islamic Law (fiqh) does not explicitly specify the minimum age limit for prospective marriages. Over the course of time, the law privides a minimum age of mariage. There is a clear conflict between the fiqh and the laws. According to the ushuliyin (Islamic law experts)view, in order to produce a law or a fatwa law, a mujtahid (legal exciter) should pay attention to maqashidsyari'ah (law-making purposes). Because the shari'ah is revealed to realize the benefit of mankind, including the marriage problem. The main problem of this research is to investigate the minimum age restriction of marriage according to the law and how to view the maqashidasy-shari'ah against the provisions of the law. This research used library method. Based on the analysis, it can be concluded that the limitation of the minimum age of marriage in the law is intended for the benefit of the family and the ability to achieve the purpose of marriage. Thus, it can be said that it is in accordance with the application of the maqashidasy-shari'ah, that is to preserve human benefit at the level of an-nasal hifdz (nurturing offspring).
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Alanshori, M. Zainuddin. "Usia Ideal Menikah Prespektif UU Pernikahan Dan Hukum Islam “Analisis Penetapan Pengadilan Agama Lamongan No: 70/Pdt.P/PA.Lmg. Tentang Kemampuan Memberi Nafkah Sebagai Alasan Dispensasi Kawin”." AKADEMIKA 9, no. 1 (June 30, 2015): 53–68. http://dx.doi.org/10.30736/akademika.v9i1.73.

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This study aims to answer the question about what considerations taken by Lamongan Religious Court judges against the decision of marriage dispensation on the grounds of being capable of providing nafkah (livelihood support) and how the analysis of the Marriage Law and Islamic Law in Indonesia towards the decision of Lamongan Islamic Court judges on marriage dispensations on the grounds of being capable of providing nafkah.To answer the above question, the writer uses data collection techniques through both documentation and interview. Documentation in the form of Lamongan Islamic Court decision and library reviews are then analyzed by using analytical and descriptive methods with a deductive mindset.This study concludes that the judges set marriage dispensations on the grounds of being capable of providing nafkah and is based on the grounds that all the requirements to perform marriages are met except the age requirement for prospective bridegroom that has not attained the age of 19 years, as referred to in the Compilation of Islamic Law Article 15 Paragraph 1: (1) "For the benefit of families and households, marriage should only be carried out by prospective brides who have attained the age specified in Article 7 of Law Number 1/1974 the husband candidates at least 19 years old and prospective wives at least16 years old." All this is also in conformity with some written evidence and witnesses. Lamongan Religious Court decision in determining the marriage dispensation is very relevant to Islamic Law and Law No. 1, 1974, though in their legal considerations, the judges are less concerned about the capability of prospective husband. Thus, the decision does not imply the validity of marriage, as in the case of Islamic jurisprudence (fiqh) it is allowed as long as there is no necessary element of fraud or injured party due to the marriage.
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Nurcholis, Moch. "USIA NIKAH PERSPEKTIF MAQASHID PERKAWINAN." Tafáqquh: Jurnal Penelitian Dan Kajian Keislaman 8, no. 1 (June 1, 2020): 1–18. http://dx.doi.org/10.52431/tafaqquh.v8i1.232.

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This research departs on academic anxiety related to the rationale of determining marriage age requirements in the statute, which is not regulated in classical fiqh. The main issues to be examined are concerning: (1) Determination of marriage age requirements according to Islamic law (2) Equalization of male and female marriage ages according to Islamic law (3) Correlation of equal marriage age with marriage maqashid. The results of the study concluded that; (1) Determination of the age requirement of marriage, however it is not discussed in classical fiqh, but has an academic foundation in accordance with Islamic law; (2) Equalization of male and female marriage age is in accordance with the principle of equality (al-musawah) in Islamic law; (3) Equalization of marriage age has a positive correlation in realizing maqashid marriage.
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Kamarusdiana, Kamarusdiana, and Ita Sofia. "Dispensasi Nikah Dalam Persfektif Hukum Islam, Undang-Undang Nomor 1 Tahun 1974 dan Kompilasi Hukum Islam." SALAM: Jurnal Sosial dan Budaya Syar-i 7, no. 1 (February 9, 2020): 49–64. http://dx.doi.org/10.15408/sjsbs.v7i1.14534.

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AbstractMarriage dispensation is a legal solution because most of the perpetrators of marriage dispensation are those who do not yet have formal legality to get married, so they then take the legal initiative so that marriages can be recognized. This study aims to determine the perspective of Islamic law, Marriage Law and Compilation of Islamic Law regarding marriage dispensation. The method used is qualitative with primary data sources from the Marriage Law, the Book of Fiqh and the Compilation of Islamic Law while secondary data are books, journals, magazines related to marriage dispensation. The results of this study found that Islamic law does not specifically regulate marriage dispensation because the majority of scholars only mention balig as a condition for marrying a person and do not specify a minimum age of marriage, whereas Law Number 1 of 1974 concerning Marriage and Compilation of Islamic Law strictly regulates underage marriage , i.e. must go through a court hearing mechanism to obtain a marriage dispensation permit.Keywords: Marriage Dispensation, Compilation of Islamic Law AbstrakDispensasi Nikah sebagai solusi hukum karena para pelaku dispensasi nikah kebanyakan mereka yang belum memiliki legalitas formal untuk menikah, sehingga kemudian mengambil ikhtiar hukum agar pernikahan yang dilakukan dapat diakui. Penelitian ini bertujuan mengetahui perspektif hukum Islam, Undang-undang Perkawinan dan Kompilasi Hukum Islam tentang dispensasi nikah. Metode yang digunakan adalah kualitatif dengan sumber data primer dari Undang-Undang Perkawinan, Kitab Fiqh dan Kompilasi Hukum Islam sedangkan data sekunder adalah buku-buku, jurnal, majalah yang terkait dengan dispensasi nikah. Hasil penelitian ini menemukan bahwa Hukum Islam tidak mengatur khusus dispensasi nikah karena mayoritas ulama hanya menyebutkan balig sebagai syarat menikah seseorang dan tidak menentukan minimal usia perkawinan, sedangkan Undang-Undang Nomor 1 Tahun 1974 tentang Perkawinan dan Kompilasi Hukum Islam mengatur ketat tentang perkawinan di bawah umur, yaitu harus melalui mekanisme sidang pengadilan untuk mendapatkan izin dispensasi perkawinanKata Kunci: Dispensasi Nikah, Kompilasi Hukum Islam
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Shofiyulloh, Shofiyulloh. "Target Usia Perkawinan bagi Perempuan." Yinyang: Jurnal Studi Islam Gender dan Anak 14, no. 2 (December 10, 2019): 201–20. http://dx.doi.org/10.24090/yinyang.v14i2.2946.

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This study illustrates the paradigm of students at the Islamic boarding school Darussalam towards the target age of marriage. It is interesting to study when the target age is significantly analyzed in the perspective of female students. This is because, in general, marriages that occur among female students are known as arranged marriages. However, this paper explores the opinions of each female santri in determining the ideal marriage age limit for their perspective. Previously, it was reviewed in advance regarding the age regulation of maturity according to classical fiqh and the rules of legislation, in this case Law No. 1 of 1974 and compilation of Islamic Law (KHI). The final analysis is to analyze the results of a survey of about 30 female students of the Darussalam boarding school. Then proceed with classifying the age of marriage in four classifications, namely the age of marriage in an ideal level, sufficient, alert, and alert. The findings of this paper provide a clear picture that women's rights in determining the age of marriage are strongly influenced by their physical and mental maturity. Therefore, indirectly invalidated at least the age of 16 years for women regulated in the Act does not pay attention to the wishes of women themselves.
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Wiyani, Novan Ardy. "Epistemologi Pendidikan Anak bagi Ayah menurut Luqman." Yinyang: Jurnal Studi Islam Gender dan Anak 14, no. 2 (December 10, 2019): 311–28. http://dx.doi.org/10.24090/yinyang.v14i2.3034.

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This study illustrates the paradigm of students at the Islamic boarding school Darussalam towards the target age of marriage. It is interesting to study when the target age is significantly analyzed in the perspective of female students. This is because, in general, marriages that occur among female students are known as arranged marriages. However, this paper explores the opinions of each female santri in determining the ideal marriage age limit for their perspective. Previously, it was reviewed in advance regarding the age regulation of maturity according to classical fiqh and the rules of legislation, in this case Law No. 1 of 1974 and compilation of Islamic Law (KHI). The final analysis is to analyze the results of a survey of about 30 female students of the Darussalam boarding school. Then proceed with classifying the age of marriage in four classifications, namely the age of marriage in an ideal level, sufficient, alert, and alert. The findings of this paper provide a clear picture that women's rights in determining the age of marriage are strongly influenced by their physical and mental maturity. Therefore, indirectly invalidated at least the age of 16 years for women regulated in the Act does not pay attention to the wishes of women themselves.
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Djubaedah, Neng. "CHILD MARRIAGE AND ZINA IN INDONESIAN LEGISLATION IN ISLAMIC LAW." Jurnal Hukum & Pembangunan 49, no. 1 (April 4, 2019): 210. http://dx.doi.org/10.21143/jhp.vol49.no1.1917.

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Article 7 paragraph (1) of Law No. 1 Year 1974 on Marriage determines marriage permitted if the man is 19 years old and female 16 years old. The age limit of marriage for 16-year-old women is considered an early age and is a problem. Child marriage in this paper is a marriage performed by men and women under the age of 18 years. It is able to cause divorce and obstruction of education. In addition to article 7 paragraph (1), child marriage is also due to pregnancy due to free sex (zina) of teenagers. According to Islamic Law, zina is an out-of-wedlock marriage committed deliberately and consciously by man and woman with their individual willingness, likes, without coercion. How is the protection of Article 7 paragraph (1) on child marriage and women under18 years old who commit zina in terms of Islamic Law? The method of research is normative-juridical and descriptive-qualitative, apply the theory ofmaqashid al-shari’a and neo receptio a contrario theory
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Yusupova, Nigora. "Important Terms And Conditions Of Marriage Agreement In Islamic Law." American Journal of Social Science and Education Innovations 02, no. 11 (November 16, 2020): 36–48. http://dx.doi.org/10.37547/tajssei/volume02issue11-07.

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Today, a comprehensive study of social aspects, cultural and spiritual, as well as socio-economic, legal, educational and organizational features of family relations is one of the questions of the hour. The relevance of the issue is that, first of all, at the present stage of development of our society, it is socially necessary to conduct a scientific analysis of the Islamic doctrine regarding family relations in the process of increasing the spirituality of the Uzbek people, including religious literacy. Secondly, when analyzing and studying the basic principles of Sharia norms, it is necessary to correctly use this knowledge in the search for solutions to issues, reasons, and the nature of growing family divorces, which is very relevant today. In this regard, this article highlights the essence and characteristics, as well as the socio-economic, spiritual and cultural foundations of the conditions and obstacles to marriage, in Islamic teachings, which were considered in the region as traditions. The article also examines and comparatively analyzes the religious, spiritual, legal, economic and educational factors of the conditions of marriage: free mutual consent to marriage, participation of witnesses in marriage, equality, makhr; circumstances that prevent marriage: a ban on marriage between relatives, issues of marriageable age under Islamic law with the norms of family law.
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Zubaidah, Dwi Arini. "PENCATATAN PERKAWINAN DALAM PERSPEKTIF MAQĀṢID ASY-SYARĪ’AH JĀSIR ‘AUDAH." Al-Ahwal: Jurnal Hukum Keluarga Islam 12, no. 1 (August 6, 2020): 15. http://dx.doi.org/10.14421/ahwal.2019.12102.

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Procedural rules for marriage recording have led to speculation that marriage records are only considered more administrative requirements. So that up to now under-age marriages are still often found among the public. The purpose of this study is to show the urgency of a marriage record for those bound by marriage. The type of research used is library research and descriptive analysis that describes objectively the rules of marriage recording by analyzing using the theory of maqāṣid ash-syarī'ah as a methodology approach to the philosophy of Islamic law. Based on the results of the study, the rules for recording marriage are a product of Islamic law reform that is at the forefront of the present. Marriage registration is a renewal of Islamic law as a new form of ijtihad towards witnessing in a marriage. By registering the marriage civil rights of the parties concerned will be guaranteed and secure. A marriage that is carried out may not be enough with a testimony according to existing marriage conditions. The logical consequence of the development of the developing period is also evidence that determines the validity of marriage. Features of Jāsir system theory udah Audah is six, namely the character of cognition, overallness, openness, interrelated hierarchy, multidimensionality, and intentions. The whole feature of Jāsir udah Audah is applicative which can realize the idea of the rules of marriage registration as a legitimate condition for determining a marriage.
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Dissertations / Theses on the topic "Marriage age (Islamic law) ; Marriage law"

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Dwairi, Orwah. "Determining the minimum legal age for marriage in Islamic Fiqh with a focus on its impact on young married women's rights : a case study of Family Law No 36 of 2010 in Jordan." Thesis, University of Aberdeen, 2015. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=226815.

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The present thesis has been designed to discuss how the minimum age for marriage has been determined in Islamic Fiqh with a focus on the case study of the Family Law No 36 of 2010 in Jordan. It is the contention of the present researcher that the marriage of minors cannot comply with the guidance of both the Holy Quran and Hadith because neither specified a clear cut minimum age for marriage. A considerable confusion exists among Muslim scholars regarding the determination of the minimum age for marriage leading to the prevalence of child marriage in some Muslim societies. This confusion has arisen when Muslim scholars have sought to derive the minimum age for marriage from de – contextualised verses of the Holy Quran and texts of the Hadith that refer to the physical and natural symptoms of puberty and encourage both young men and women to marry at an early age. In order to fully examine such a problematic issue, identify the root causes lying behind it and, hopefully make a contribution towards solving it, the present study has sought to jurisprudentially contextualise such an issue within the Islamic Fiqh. The researcher has argued that determining the appropriate age for marriage based on the original context of pertinent verses of the Holy Quran and texts of the Hadith as well as the international criteria for human rights is the sole legal guarantee that safeguards the right of women to express their full and free consent to marriage.
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Ali, Anjum Ashraf. "Child marriage in Islamic law." Thesis, McGill University, 2000. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=31082.

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This thesis examines the custom of child marriage in Islamic law and its practice in Muslim society. It also gives an overview of the history of child marriage from ancient to modern times. The focus of this research is the status of child marriage in the modern Muslim world as a continuation of ancient tradition and the role historical interpretations of Islamic law play in its perpetuation.
Child marriage was once a globally accepted and practiced phenomenon. Over the centuries its practice has diminished considerably. Today, although child marriage is viewed as an offensive act and discouraged by the majority of governments around the world, it continues to exist to a significant extent in most parts of the Muslim world. Those Muslim communities which persist in condoning and practicing child marriage are not only affected by cultural traditions but also by their form of understanding of Islamic law. This particular understanding is mostly informed by local religious leaders within their communities who base their justifications on medieval perspectives and interpretations of what constitutes divine law.
It is no coincidence, however, that child marriage is restricted to the impoverished, uneducated and rural sectors of society; people who have little choice in deciding their futures and due to harsh and straitened circumstances find it difficult to see any other alternatives.
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Manjikian, Sevak. "Islamic Law in Canada: Marriage and Divorce." Thesis, McGill University, 2007. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=102836.

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Islamic Law in Canada: Marriage and Divorce provides an analysis of how Canadian society and the Canadian judicial system have responded to the use of the Shari'a to resolve issues relating to Islamic marriage and divorce in Canada. This dissertation explores two instances where Canadian society has been forced to address the role of the Shari'a in Canada and its interaction with Canadian laws and values. The first involves the debate that took place in Ontario over the last decade concerning the use of Islamic arbitration in family matters. This public debate ultimately led to the rejection of faith-based arbitration in that province, a decision apparently consistent with traditional Canadian attitudes towards multiculturalism. The second area of interaction between Canadian and Islamic law is within the Canadian court system itself. In particular, Canadian judges are occasionally required to grapple with Islamic family law issues when rendering judgments on certain cases that appear before them. This dissertation will examine a number of such cases in order to illustrate how the Shari'a has been addressed by Canadian judges. The overall aim of this work is to situate Islamic law within Canada's liberal framework. It is argued that although Canadians are amenable to certain levels of diversity, values that fall outside mainstream liberalism are not granted recognition. This dissertation will also demonstrate that the failure to legitimize Islamic arbitration represents a lost opportunity that would have broadened the scope of Canadian justice to include minority voices. The decision to reject faith-based arbitration will motivate some Muslims to seek justice from ad-hoc bodies of authority. Devoid of government oversight, these forms of underground Islamic justice may negatively affect certain members of Canada's Muslim community.
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Carnago, William J. "The marriages of Catholics and Muslims issues of concern /." Theological Research Exchange Network (TREN), 2005. http://www.tren.com.

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Denson, Razaana. "A comparative exposition of Islamic law relating to the law of husband and wife." Thesis, Nelson Mandela University, 2017. http://hdl.handle.net/10948/19564.

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Notwithstanding the enactment of the Constitution of the Republic of South Africa, 1996 the recognition of systems of religious, personal or family law for certain cultural and religious groups has either been limited or is virtually non-existent. To this extent, marriages concluded in terms of Islamic rites do not enjoy the same legal recognition that is accorded to civil and customary marriages. Non-recognition of Muslim marriages means there is no legal regulatory framework to enforce any of the consequences that arise as a result of the marriage, or any orders that are made by the Ulama, thereby creating a perilous situation that has dire consequences for spouses to a Muslim marriage. Despite South Africa’s commitment to the right of equality and freedom of religion, the courts have acknowledged that the failure to grant recognition to Muslim marriages on the ground of gender equality, has worsened the plight of women in these marriages, in that they were left without effective legal protection, should the union be dissolved either by death or divorce. Whilst the ad hoc recognition of certain consequences of Muslim marriages by the judiciary has gone a some way to redress the plight of Muslim women, and provided relief to the lived realities of Muslim women, these decisions are in fact contrary to the teachings and principles of Islam and therefore problematic for Muslims. These court decisions, that are in conflict with Muslim Personal Law (MPL), will ultimately lead to the emergence of a distorted set of laws relating to Muslim family law. This is a real cause for concern. This thesis is written from an Islamic legal theory perspective, which is contrary to western legal theory, as the latter adopts a human rights perspective. The basis of modern western democratic societies is a constitution that is premised on human rights and equality and which advocates the notion that the rights contained in the constitution reign supreme in all matters, religion included. Therefore, where a conflict arises in respect of the freedom of religion and the right to equality, western ideologies and philosophies dictate that the latter trump the former. This would inevitably mean that religious law would have to be adapted and ultimately amended so that it is in compliance with the constitution. From an Islamic religious perspective, this is not feasible and practicing Muslims will find this untenable. This may be legally uncomfortable in South Africa as a constitutional democracy but it is the reality for the adherents of the Muslim faith. A draft Muslim Marriages Bill (MMB) was released in 2003, and an amended MMB was tabled in Parliament in 2010. Both MMBs propose the legal recognition and regulation of Muslim marriages in South Africa. However, the two major issues delaying the enactment of the MMB into legislation are, firstly, whether or not the MMB would pass constitutional muster and secondly, the lack of agreement in the Muslim community on whether the MMB is Shari’ah compliant. Despite the largely consultative process that the MMBs underwent the legislative attempts to enact the MMB into legislation has not been successful. This thesis seeks to provide a possible solution whereby legislation regulating MPL law can be implemented in South Africa, notwithstanding the apparent conflict existing between MPL and the rights contained in the Bill of Rights. Notwithstanding the preference shown by the legislature to enact the MMB into legislation which will grant recognition to Muslim marriages, it is submitted there is a need for the legislature to rethink the approach that has to date been adopted. To this extent, it is submitted that the legislature should reconsider granting recognition to Muslim marriages by enacting legislation that takes the form of general legislation where state recognition is granted to all religious marriages, whether it be Muslim, Hindu or Jewish marriages. General legislation would mean that the state would require the marriage to be registered. However, the prescribed requirements, formalities and the consequences of the marriage would be determined by the chosen religious system of the spouses. On a national level a comparative analysis between Islamic law and the South African legal system, relating to the law of marriage is conducted. For the comparative analysis on an international level the law of marriage in England and Wales has been chosen. South Africa and England and Wales share a commitment to human rights and have adopted various approaches in respect of accommodating the application of Islamic law. Furthermore, an internal pluralism exists within the Muslim communities in South Africa, England and Wales as the majority of Muslims in these countries have to varying degrees developed diverse strategies to ensure compliance with Islamic law, and as well as South African and English law. The manner in which MPL is granted recognition needs to be given careful consideration as the implementation of this legislation will only be successful if it is compatible with the rulings and teachings of Islamic law. Caution should therefore be exercised to ensure that the fundamental aspects of MPL are not compromised as this will result in the legislation not being Shari’ah compliant and there will be no buyin from the Muslim community, with the consequence that this legislation will be mere paper law.
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Abū, Zayd al-Dabūsī ʻAbd Allāh ibn ʻUmar ʻAmrī Nāyif ibn Nāfiʻ. "Kitāb al-nikāḥ min al-Asrār." [Cairo] : Dār al-Manār, 1993. http://books.google.com/books?id=NWoxAAAAMAAJ.

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Welchman, Lynn M. "The Islamic law of marriage and divorce in the Israeli-occupied West Bank." Thesis, SOAS, University of London, 1992. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.387921.

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Graham, William L. "The development of the age of marriage in the Corpus juris canonici." Online full text .pdf document, available to Fuller patrons only, 2001. http://www.tren.com.

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Abduroaf, Muneer. "The Impact of South African Law on the Islamic Law of Succession." University of the Western Cape, 2018. http://hdl.handle.net/11394/6211.

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Doctor Legum - LLD
South African Muslims constitute a religious minority group that is subject to dual legal systems. In the public sphere they are bound by South African law whereas in the private sphere are duty bound in terms of their religion to follow Islamic law. Muslims are required, in terms of their religion, to ensure that their estates devolve in terms of the Islamic law of succession. A son inherits double the share of a daughter in terms of the Islamic law of intestate succession. This unequal distribution of shares has led to a premise that the Islamic law of intestate succession discriminates against females. The South African Constitution strongly promotes the right to equality and non-discrimination. There is therefore a serious need to investigate the fairness of the Islamic law of intestate succession within the context of South African law. This is in the interest of a religious minority group who have been in South Africa since 1654.
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Moolla, Mohammed. "The imperative to implement Muslim personal law in South Africa." University of Western Cape, 2021. http://hdl.handle.net/11394/8358.

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Magister Legum - LLM
It has been more than 25 years since the Interim Constitution came into effect and a Bill of Rights was introduced. Yet Muslim Personal Law ( still has no lega l recognition in South Africa. This the sis investigates how this causes serious problems for Muslim women who suffer grave injustices upo n divorce due to the non recognition and non regulati on of Muslim marriages It highlights t he State refus al to enact legislation despite the dicta and obiter comments from the courts spanning more than two decad es enjoining the state to effect legislation to achieve this purpose. South African law is still fundamentally lacking in the recognition of the rights of parties to marriages contracted only in terms of M PL . For couples married in accordance with civil law, marriages and divorces are dealt with under the relevant statutes, namely the Marriage Act 25 of 1961, t he Civil Union Act 17 of 2006 and the Divorce Act 70 of 1979. No provision has been made in statu tor y law for MP L . Previously the courts have held that this was due to the potentially polygyn ous nature of Muslim marriages. Muslim m arriages are inadequately regulated resulting in serious hardships to Muslim women and children. This thesis furthermore inve stigate s the need to recognize MPL .
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Books on the topic "Marriage age (Islamic law) ; Marriage law"

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al-Zawāj al-mubkir wa-taḥdīd sinn al-zawāj. 8th ed. al-Riyāḍ: Dār al-Ṣumayʻī lil-Nashr wa-al-Tawzīʻ, 2014.

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Nasir, Barrak ʻAbdur-Rahman bin, ed. Ḥukm taqnīn manʻ tazwīj al-fatayāt, aqall min 18 sanah, wa-taḥdīd sinn al-zawāj. 2nd ed. al-Fayyūm [Egypt]: Dār al-Falāḥ, 2010.

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Taḥdīd al-sin fī al-zawaj: Dirāsah muqāranah fī al-fiqh al-Islāmī wa-al-qānūn al-waḍʻī. al-Iskandarīyah: Maktabat al-Wafāʼ al-Qānūnīyah, 2011.

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Muḥammad, Anvar Sayyid. Nikāḥ men̲ valī kī ḥais̲īyat. Islāmābād: Vaḥdat Fāʼunḍeshan Pākistān, 1999.

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Ali, Maulana Muhammad. Islamic law of marriage & divorce. Offa, Kwara State of Nigeria: Hasbunallah Print. & Pub. House, 1998.

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Your Islamic marriage contract. Damascus: Dar al Fikr, 2001.

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Gurjī, Abū al-Qāsim. Temporary marriage (mutʻa) in Islamic law. Qum: Ansariyan Publications, 1991.

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Shah, Noriani Nik Badli. Marriage and divorce under Islamic law. Petaling Jaya, Selangor Darul Ehsan: International Law Book Services, 1998.

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Commission, South African Law. Islamic marriages and related matters. [Pretoria]: South African Law Commission, 2002.

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Commission, South African Law. Islamic marriages and related matters. [Pretoria: The Commission], 2000.

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Book chapters on the topic "Marriage age (Islamic law) ; Marriage law"

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G. Baugh, Carolyn. "Sex and marriage in early Islamic law." In The Routledge Handbook of Islam and Gender, 43–56. 1. | New York : Routledge, 2020. | Series: Routledge handbooks in religion: Routledge, 2020. http://dx.doi.org/10.4324/9781351256568-2.

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Katz, Marion. "LAW, ETHICS, AND THE PROBLEM OF DOMESTIC LABOR IN THE ISLAMIC MARRIAGE CONTRACT." In Studying the Near and Middle East at the Institute for Advanced Study, Princeton, 1935–2018, edited by Sabine Schmidtke, 294–99. Piscataway, NJ, USA: Gorgias Press, 2018. http://dx.doi.org/10.31826/9781463240035-037.

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Layish, Aharon. "Age of Marriage." In Women and Islamic Law in a Non-Muslim State, 14–29. Routledge, 2017. http://dx.doi.org/10.4324/9781315135823-2.

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Baderin, Mashood A. "4. Family law." In Islamic Law: A Very Short Introduction, 45–74. Oxford University Press, 2021. http://dx.doi.org/10.1093/actrade/9780199665594.003.0004.

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‘Family law’ focuses on Islamic family law, the two main aspects of which are: marriage and the dissolution of marriage. Marriage by mutual contract (al-nikāh) is the only lawful type of marriage under Islamic law, with rules regulating its validity and consequences. The two main categories of requirements for the validity of an Islamic marriage are: prerequisites and essential components of the marriage contract. The questions of maintenance, polygamy, and stipulations are vital topics for family law. Under classical Islamic law, a marriage may be dissolved either through (i) unilateral dissolution initiated by the husband (talāq), (ii) dissolution initiated by the wife (khulʻ), (iii) dissolution by mutual agreement (mubāraʻah), or (iv) judicial dissolution (faskh).
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Baderin, Mashood A. "5. Law of inheritance." In Islamic Law: A Very Short Introduction, 75–91. Oxford University Press, 2021. http://dx.doi.org/10.1093/actrade/9780199665594.003.0005.

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‘The law of inheritance’ explores the Islamic law of inheritance, the fundamental rules of which are prescribed by the Qur’an and the Sunnah, giving a list of legal heirs with the aggregate of each heir’s entitlement meticulously stated. The three essential elements for the application of Islamic law of inheritance are: the deceased (muwarrith), the estate (tarikah), and the heir[s] (wārith[ūn]). Hanafī jurisprudence classifies heirs into three main specific classes: Qur’anic heirs, Agnatic heirs, and Uterine heirs. Shīʻah jurisprudence classifies them generally into heirs by blood relationship (nasab) and heirs by marriage (sabab).
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Olukolu, Yomi Rasul. "Harmful Traditional Practices, Laws, and Reproductive Rights of Women in Nigeria." In Therapeutic Jurisprudence and Overcoming Violence Against Women, 1–14. IGI Global, 2017. http://dx.doi.org/10.4018/978-1-5225-2472-4.ch001.

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There are many traditional practices in Nigeria that literally affect women's reproductive rights within and without marriages ranging from genital mutilation, harmful traditional practices to control women, early girl marriage, one sided divorce rights in Islamic marriage to men alone, nutritional taboos and other uncouth pregnancy related practices, to unfavorably widowhood practices and inheritance. This chapter intends to bring to the fore these traditional practices which impede the women's reproductive rights in Nigeria with emphasis on the study of the role of law as a therapeutic agent within the therapeutic jurisprudential context. This is done with a view to calling on the Nigerian government to wake up to its responsibility by enacting local laws specifically on women's rights generally or domesticating the various international instruments which the country had so far voluntarily ratified on women's reproductive rights.
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Govindaraj, V. C. "Law of Persons." In The Conflict of Laws in India, 73–127. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780199495603.003.0007.

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This chapter deals with the law relating to marriage and divorce, as interpreted and applied by courts in India. Marriage involves many topics/processes such as celebration, divorce, nullity, etc., and each one is accorded a different treatment by the concerned law. The following topics/processes under each matrimonial law are discussed: pre-solemnization requisites; solemnization; divorce; marriages solemnized under the Foreign Marriages Act, 1969; the conversion of spouses of the Hindu, Christian, and Parsi marriages to Islam, and right to polygamy after such conversion; conversion of Muslim women from Islam after dissolution of marriage under Muslim Law; and rights of a Muslim woman to seek divorce and maintenance.
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Stewart, Devin J. "Shari‘a." In Islamic Political Thought. Princeton University Press, 2015. http://dx.doi.org/10.23943/princeton/9780691164823.003.0014.

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This chapter discusses the shari'a, the sacred law of Islam. Law is an essential feature of revealed religion in both the Qur'an and Islamic thought in general, and the term shari'a is used with reference not only to Islam but also to Judaism and Christianity, because all three are conceived as having a divinely given law. According to later jurists, 500 verses of the Qur'an, treat legal subjects, including matters relating to prayer, fasting, alms, pilgrimage, permitted food, marriage, divorce, inheritance, slavery, and trade. This represents roughly one-thirteenth of the sacred text. The chapter covers the law in the books; the source of the law; the two institutions that contributed to making the law central to Islamic societies and creating continuity over space and time: the madhhab, or the legal school and the madrasa, or college of law; legal education and careers; caliphs; judges and muftis; the impact of modernity; and political Islam.
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Bowen, John R. "Unstable Performativity." In On British Islam. Princeton University Press, 2016. http://dx.doi.org/10.23943/princeton/9780691158549.003.0006.

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This chapter focuses on the anxiety of performativity, which asks about the capacity of scholars or judges to successfully perform an Islamic act and to divorce a couple. Performativity can be distributed in differing ways between religious and state authorities. People are used to the idea that a religious marriage may have legal effects, because in many countries such is the law. Conversely, in many countries with Islamic courts, a court divorce is also—immediately and automatically—an Islamic divorce, because the laws say so. The shariʻa councils do not have that legal legitimacy. No state laws back them up, and the religiously performative quality of their acts is nowhere made explicit. Ultimately, the uncertainties around shariʻa council performativity point toward a much broader problem regarding the capacity of a state to say when a religious act has taken place.
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"Marriage." In The Islamic Law of Personal Status, 44–82. BRILL, 2017. http://dx.doi.org/10.1163/9789004182196_005.

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Conference papers on the topic "Marriage age (Islamic law) ; Marriage law"

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Kadriah, Ishak, and Lia Sautunnida. "The Normative Analysis of Marriage Age After the Constitutional Court Decision No. 22/PUU-XV/2017." In International Conference on Law, Governance and Islamic Society (ICOLGIS 2019). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.200306.190.

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Jenko, Aladin. "Divorce problems Divorce from a man does not occur except in court model." In INTERNATIONAL CONFERENCE OF DEFICIENCIES AND INFLATION ASPECTS IN LEGISLATION. University of Human Development, 2021. http://dx.doi.org/10.21928/uhdicdial.pp238-250.

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"Divorce is considered a form of family disintegration that leads to the demolition of the family and family pillars after its construction through the marriage contract and then the termination of all social ties between husband and wife and often between their relatives. Divorce rates have risen to frightening levels that threaten our Islamic societies. Among the most important causes of divorce in our society are the following: The failure of one or both spouses in the process of adapting to the other through the different nature of the spouses and their personalities, the interference of the parents, the lack of harmony and compatibility between the spouses, the bad relationship and the large number of marital problems, the cultural openness, the absence of dialogue within the family. Several parties have sought to develop possible solutions to this dangerous phenomenon in our society, including: Establishment of advisory offices to reduce divorce by social and psychological specialists, and include the issue of divorce within the educational and educational curricula in a more concerned manner that shows the extent of the seriousness of divorce and its negative effects on the individual, family and society, and the development of an integrated policy that ensures the treatment of the causes and motives leading to divorce in the community, as well as holding conferences. Scientific and enlightening seminars and awareness workshops and the need for religious institutions and their media platforms to play a guiding and awareness role of the danger and effects of divorce on family construction and society, and to educate community members about the dangers of divorce and the importance of maintaining the husband’s bond and stability. As well as reviewing some marriage legislation and regulations, such as raising the age of marriage and reconsidering the issue of underage marriage, which is witnessing a rise in divorce rates. Among the proposed solutions is the demand to withdraw the power of divorce from the man's hands and place it in the hands of the judge, to prevent certain harm to women, or as a means to prevent the frequent occurrence of divorce. The last proposition created a problem that contradicts the stereotypical image of divorce in Islamic law, for which conditions and elements have been set, especially since Islamic Sharia is the main source of personal status laws in most Islamic countries. Therefore, the importance of this research is reflected in the study of this solution and its effectiveness as a means to prevent the spread of divorce, and not deviate from the pattern specified for it according to Sharia."
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Dariyo, Agoes, Mia Hadiati, and R. Rahaditya. "Understanding of Marriage Law Attitude For Delivery of Early Age Marriage in Indonesian Adolescence." In Proceedings of First International Conference on Culture, Education, Linguistics and Literature, CELL 2019, 5-6 August, Purwokerto, Central Java, Indonesia. EAI, 2019. http://dx.doi.org/10.4108/eai.5-8-2019.2289791.

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Nurnazli and Erina Pane. "Minimum Legal Age of Marriage and Maslahah Mursalah in the Marriage Law in Indonesia." In 1st Raden Intan International Conference on Muslim Societies and Social Sciences (RIICMuSSS 2019). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.201113.055.

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Hamidah, Tutik, Isyraqun Najah, and Wahibatul Maghfirah. "Married in “Iddah Cerai Mati" from the Perspective of Islamic Law and Marriage Law." In International Conference Recent Innovation. SCITEPRESS - Science and Technology Publications, 2018. http://dx.doi.org/10.5220/0009932916291635.

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Fiqry Musa, Kamal. "Islamic Jurisprudence And Human Rights: At-Takhyîry Approach In Marriage Law." In 1st International Conference of Law and Justice - Good Governance and Human Rights in Muslim Countries: Experiences and Challenges (ICLJ 2017). Paris, France: Atlantis Press, 2018. http://dx.doi.org/10.2991/iclj-17.2018.9.

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Jayusman, Oki Dermawan, Mahmudin Bunyamin, and Sudarman. "Contestation Between Islamic Authority and Local Culture in Marriage Law in Jordan." In 1st Raden Intan International Conference on Muslim Societies and Social Sciences (RIICMuSSS 2019). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.201113.056.

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Mohd, Azizah, and Nadhilah A. Kadir. "The Theory of Compulsion (Ijbar) in Marriage Under Islamic Law: Incorporation of the Hanafis View on Compulsory Consent in Marriage Under the Islamic Family Law (Federal Territories) Act 1984." In International Conference on Law, Governance and Islamic Society (ICOLGIS 2019). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.200306.180.

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Febrianty, Yenny. "Harmonization of Baja Upik Marriage with Indonesian Law System Based on Pancasila." In The First International Conference On Islamic Development Studies 2019, ICIDS 2019, 10 September 2019, Bandar Lampung, Indonesia. EAI, 2019. http://dx.doi.org/10.4108/eai.10-9-2019.2289441.

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Mangku, Dewa, and I. Yudana. "Implementation of Article 7 Law 16 Year 2019 Concerning Amendments to Law 1 Year 1974 Concerning Marriage with the Age Limit of Marriage in Sidatape Village." In Proceedings of the 2nd International Conference on Law, Social Sciences and Education, ICLSSE 2020, 10 November, Singaraja, Bali, Indonesia. EAI, 2021. http://dx.doi.org/10.4108/eai.10-11-2020.2303368.

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Reports on the topic "Marriage age (Islamic law) ; Marriage law"

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Child marriage briefing: Mali. Population Council, 2005. http://dx.doi.org/10.31899/pgy19.1002.

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This brief provides an overview of child marriage as well as the particulars of child marriage in Mali. Mali is home to 11.6 million people, with 47 percent of its population under age 15. Approximately 73 percent of the population live on less than US$1 a day, and life expectancy is 45 years. Mali has one of the most severe crises of child marriage in the world today. The legal age of marriage is 18 for girls and 21 for boys, but girls may be married as early as age 15 with parental consent. For civil marriages, the law dictates that prospective spouses discuss and agree on whether their union will be polygynous or monogamous; however, a woman’s say in the matter is minimal given her limited options. The payment of bride price is recognized by law, promoting the perception that wives are the property of husbands. In addition, female genital circumcision affects nearly all Malian women, with 61 percent of circumcisions occurring before age 5. Included in this brief are recommendations to promote later, chosen, and legal marriage.
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Child marriage briefing: Nigeria. Population Council, 2005. http://dx.doi.org/10.31899/pgy19.1004.

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This brief provides an overview of child marriage as well as the particulars of child marriage in Nigeria, one of the poorest countries in the world. More than two out of three Nigerians live on less than US$1 a day, and life expectancy is 52 years. The HIV/AIDS epidemic has had a devastating effect on the country, and Nigeria has some of the highest rates of early marriage worldwide. The Child Rights Act, passed in 2003, raised the minimum age of marriage to 18 for girls. However, federal law may be implemented differently at the state level, and to date only a few of the country’s 36 states have begun developing provisions to execute the law. Domestic violence is widespread and a high prevalence of child marriage exists. Nationwide, 20 percent of girls are married by age 15, and 40 percent are married by age 18. Although the practice of polygyny is decreasing, 27 percent of married girls aged 15–19 are in polygynous marriages. Included in this brief are recommendations to promote later, chosen, and legal marriage.
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Child marriage briefing: Mozambique. Population Council, 2005. http://dx.doi.org/10.31899/pgy19.1003.

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This brief provides an overview of child marriage as well as the particulars of child marriage in Mozambique. Mozambique, in southeastern Africa, is home to 17.5 million people, with 45 percent of its population under age 15. More than three-quarters of Mozambicans live on less than US$2 a day. The HIV/AIDS epidemic has had a devastating effect on the country; approximately 1.3 million adults and children are living with HIV, and 470,000 children have been orphaned because of AIDS. Life expectancy has fallen to 34 years, among the lowest levels in the world. Mozambique has one of the most severe crises of child marriage in the world today. Several local women’s rights groups have begun speaking out about this issue and were instrumental in ensuring the passage of the recent Family Law, which raises the minimum age of marriage for girls from 14 to 18, allows women to inherit property in the case of divorce, and legally recognizes traditional marriages. However, little capacity exists to implement the law. Included in this brief are recommendations to promote later, chosen, and legal marriage.
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Child marriage briefing: Zambia. Population Council, 2005. http://dx.doi.org/10.31899/pgy19.1005.

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This brief provides an overview of child marriage as well as the particulars of child marriage in Zambia. This landlocked southern African nation is home to 10.9 million people, with 47 percent of its population under age 15. Zambia is one of the poorest countries in the world; nearly two out of three Zambians live on less than US$1 a day. The country’s economic growth was hindered by declining copper prices and a prolonged drought in the 1980s and 1990s. More recently, the AIDS epidemic has taken a devastating toll: 920,000 adults and children are living with HIV/AIDS, and 630,000 children have been orphaned because of the disease. Child marriage is widespread in Zambia, even though the legal age of marriage is 21 for both males and females. Customary law and practice discriminate against girls and women with respect to inheritance, property, and divorce rights. Domestic violence is a serious problem, with over half of married girls reporting ever experiencing physical violence and more than a third reporting abuse in the past year. Included in this brief are recommendations to promote later, chosen, and legal marriage.
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