Fiqh of the Family, Marriage & Divorce

c_fiqh

Module Information

Name of ClassFiqh of the Family, Marriage & Divorce
Credit Hours3 Hours
Class DescriptionAllah willing, this course covers one of the most important topics in the lives of many Muslims. Indeed, it is a topic that affects most Muslims as the vast majority of Muslims are members of a family or are, in particular, married. . It is important that they understand what is the process by which they get married and what is the process by which they should lead their married life
Instructor NameShaikh Jamal Zarabozo
Required TextJamal al- Din Zarabozo, The Fiqh of Family, Marriage and Divorce

Objectives

  • To provide students with an opportunity to worship Almighty Allah through understanding Quranic and Hadeeth view of Family, marriage and divorce
  • To enable the student to grasp the importance of marriage
  • To know the rulings concerning marriage and divorce
  • To know those women who can be married and those who cannot
  • To understand the importance of choosing a right spouse
  • To understand the need and permissibility of Talaq

Topics Covered

Introduction

  • Marriage in the quran
  • must begin and continue in the proper manner
  • good intention and according to the shariah
  • marriage as “an act of worship”
  • review questions and research

The goals, purpose and definition of marriage

  • the definition of “marriage”
  • the purpose and goals of marriage
  • procreation
  • physical pleasure
  • attainment of one’s complete maturity
  • mutually assisting one another
  • psychological and physiological benefits from marriage
  • forming the cornerstone of a moral society
  • bringing up the next generation in a setiing that is most conducive for moral and spiritual growth
  • it binds people and families together

The Ruling concerning Marriage

  • The Hanafi approach
  • The opinion of somne some Shafis
  • The opinion of the Dhahiris
  • Conclusion

The categories of women wne is or is not allowed to marry

  • Whom one is allowed to marry
  • Thise that are forever forbidden to marry
  • those that are forbidded to marry for possibly temporary reasons
  • does illegal sexual intercourse affect the above?
  • marrying a woman while she is on her period
  • is it allowed to marry a fornicatress?
  • is it allowed to marry a woman from ahl al-kitab?
  • muslim women marrying non-muslim men
  • proposing to a woman who has already been proposed to

Qualities to look for in a spouse

  • importance of the topic
  • religion
  • behavior
  • child-bearing
  • virginity
  • beauty
  • wealth
  • lineage and family
  • love
  • knowledge and intelligence
  • Conclusion

Looking at a prospective bride

  • women looking at a prospective groom
  • Being alone with a prospective bride or fiancee and related questions
  • difference between engagement and marriage and the custom in some muslim countries

The Marriage contract itself

  • definition of rukn and shart
  • the arkaan [essential components] of a marriage contract
  • the arkaan of the marriage according to the hanafis and others
  • the wording of the contract
  • does it have to be in arabic?
  • definition of some important terms and concepts
  • the different types of shuroot (prerequisites, conditions)
  • the conditions required for initiating or making a marriage contract
  • adding stipulations to the marriage contract
  • sound and acceptable stipulations
  • conditions for the soundness of a marriage contract
  • conditions for the execution of the marriage contract 136
  • conditions for the marriage contract to be binding 136
  • the view of civil marriages in the west

The Mahr (dower)

  • proof that the mahr is obligatory
  • is the dower a part of the marriage contract?
  • the maximum and minimum amount of dower
  • when is the woman entitled to her complete dower
  • when the woman is entitled to half of her dower
  • cases wherein the woman loses all right to her dower
  • paying the mahr on the spot or over time

Public announcement of the marriage

The Waleemah

  • the waleemah
  • the ruling concerning the waleemah
  • the timing of the waleemah

Etiquette of the wedding night

  • husband places hand on wife’s head and supplicates
  • the husband and wife should perform a prayer together
  • what to say at the time of sexual intercourse

Rights of the husband and wife

  • common rights between the two
  • the rights of the wife upon her husband or the obligations of the husband
  • the rights of the husband upon his wife or obligations of the wife

Wives spending from their own wealth

  • ­statement of the hadith
  • detailed discussion of the hadith
  • related evidence on this topic
  • scholarly opinion on this question
  • conclusion

Marital discord

  • the meaning of al-nushooz as a technical or legal term
  • types or cases of al-nushooz
  • nushooz on the part of the wife
  • nushooz on the part of the husband
  • nushooz on the part of both spouses
  • the remedy for nushooz when it is from the wife
  • the ruling when the nushooz is by the husband
  • appointing two arbitrators and their role in bringing about accord between the spouses
  • do the arbitrators have the authority to separate the couple?

Dissolution of marriage in Islamic law

  • the means by which a marriage may be brought to an end in islamic law
  • dissolution at the hands of the husband
  • dissolution at the hands of the wife
  • dissolution by mutual consent
  • dissolution at the hands of the judge
  • automatic dissolution by law
  • the ruling concerning dissolution
  • the concept of talaaq

◦      the agreed upon way of divorce (talaaq al-sunnah al-ahsan)

◦      conditions for a correct talaaq al-sunnah

◦      the minor and the major separation after divorce and revocable and irrevocable divorce

◦      witnesses for divorce

  • the concept of al-khula