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Mernissi, Many may wonder why Mernissi so zealously questions the general use of this hadith when it can be easily be explained by its circumstance: Leila Ahmed explains that it was the conquests that Islam made in other territories, such as the Iran-Iraq region of al-Ghazali and also the Mediterranean Middle East, that kept their cultural attitudes to women, despite their acceptance of Islam.
They gain their authority from the Quran and Sunna. Islam law covers all aspects of life; it has its own personal, moral, civil, ethical, societal, and criminal law.
This is set against the backdrop of the notion of wilaya which endorses the patriarchal set up that was ubiquitous at the time of the prophet saw. Although Abu Hurayrah narrates twice as many ahadith as the next prolific narrator, rarely is his huge number of narrations questioned.
Arab mores themselves, moreover, changed as the Arabs adopted the ways of the conquered peoples and were assimilated into their new environments. Coulson, 56 How non-specialists can judge the authenticity of ahadith It is difficult to comprehend how human narrators and a man-made science of hadith compilation could have withstood any outside political or social biases.
Also, the definition of ijma and which ijma would be considered valid was a point of contention, because ijma is not simply the consensus of all past jurists.
Did the hadith contradict the Quran or another verified tradition or the consensus of the community? It provides guidelines for those in the community to follow so that they may have the most peaceful and problem- free life. As with any other marriage contract prerequisite, if the wife refuses to do so she forfeits her maintenance and may leave herself vulnerable to an undertaking of court proceeding against her.
They also cited physiological differences such as the size of the heart and skull and psychological differences such as the perceived comparable lack of intellect and wisdom and the emotional nature of women.
If the legality was not based on an explicit command in the Quran, then the jurists turned to look for explicit commands in the hadith, and so on. Analyses of these ahadith show inconsistencies, historical impossibilities and clear bias, leading her to believe that many may have in fact been fabricated, labeled as authentic and used to further certain political agendas.
Today in many Muslim countries, Islamic decisions ranging from personal to political are made in the form of fatwas, or religious decisions, where Islamic scholars render a decision on the morality or legality of an issue brought to them.
How do we judge the reliability of ahadith for ourselves? The Prophet then asked him what he would do if there is no clear answer from these sources. I will explore the debate over marriage contracts and I will also examine the underlying rules on divorce that are inharmonious with contemporary perceptions of equality at best, and at worst, misogynistic.
It is almost impossible to say that a concept that, explicitly or otherwise, states that sexual availability is a duty upon the wife and a contractual right of the husband, is compatible with universally accepted ideals of gender equality and justice and this is further exemplified if you consider the application of it in Iran where the contract of marriage involves a punishment for a wife who makes herself sexually unavailable to her husband and gives the impression that a man has complete control over his wife body, in terms of where it is and when it is to be used for his pleasure.
We believe that in this century the paramount moral challenge will be the struggle for gender equality around the world. This source can be looked at as "the Quaran in Action. This is in direct contrast to the procedure for divorce for the wife who is only allowed to exercise her discretion and seek a divorce if the husband affords her that right, by returning her dowry, by judicial enforcement or in the case of the contravening of the conditions of the marriage contract.
The role of Ahadith in first two centuries of Islam Many scholars have agreed that the fabrication of hadith was a result of political and social tensions and dissensions erupting immediately after the death of the Prophet and were carried into modern times. What is halal and haram?
For example, the Quran outlawed prevalent customs such as idolatry, gambling, liquor, promiscuity, unbridled polygamy, usury, etc.
It could be argued that it was the legitimate exercise of independent judgment, or ijtihad, when there was no explicit guidance from divine revelation, that resulted in differences between the schools of thought. What is the ijma of the scholars on this issue?
Harvard University Press,p. Since then, the role of ijtihad has not been in the hands of the laymen, but in a select few who occupy a special role in Islamic law.
In Iraq, women could contract their own marriages; whereas in Medina this was not so. Righteous women are obedient guarding the unseen according to what God has guarded.
In other words, the earlier living Sunnah was reflected in the mirror of the Hadith with the necessary addition of chains of narrators. The discrepancies, inconsistencies and frustration without an updated science has left many Muslim community leaders at a loss.
But he never claimed that all its contents were genuine or reliable. The most excusable application of the rules of Talaq is in Tunisia where the talaq must be uttered in a court of law in order to be validated and it says everything about the incompatibly of Islamic family law and gender equality that the most reformed version of the rules on divorce only change the setting, not the unreasonable fundamentals that are yearning for reform.
The issues of consent in marriage and divorce are illustrations of the lack of harmony between Islamic family law and gender equality both in theory and in terms of its application. Based on the chain of narrators isnadahadith were classified by the following categories: Even though it was classified as a "sahih" hadith by Bukhari, Mernissi says that it was still hotly debated by many scholars.
That may account for the reason why some may argue that certain sexist attitudes are encouraged in the Quran; yet in a deeper, more complete reading, one that considers and respects the historical context, it encourages a liberating equality of women.
Through time, "one interpretation would be accepted by more and more doctors of law. Each of us is qualified to a high level in our area of expertise, and we can write you a fully researched, fully referenced complete original answer to your essay question. This shows in no uncertain terms that, when it comes to divorce, both the concept of Islamic family law and the application of Islamic family law are incompatible with gender equality as even a reformation of the application of it in Egypt culminated in the wife being bound by shackles that are at directly juxtaposed to the unilateral right of divorce that the husband is given.The primary sources consist of Al-Quran which is the book of Allah and Al- Sunnah, the traditions of the Prophet SAW, whereas the secondary sources, consist of Ijma’, Qiyas, Istihsan, Maslahah Mursalah, Istishab, ‘Urf, Qawl Sahabi and Sadd al-Dzara’i.
The primary source of Islamic law which is the foundation of every Muslim's faith and practice is the Quran. The Quran deals with all subjects that concern humankind, mainly the relationship between God and humankind and how this relationship relates to the 5/5(1).
These secondary sources provide a sequence and a data base to the Mujtahid to reach to a solution of a problem in the most appropriate way and at the same time assist in formulation of Islamic law and development of system of Shariah as a whole.
The four official sources of Islamic law are the Quran, the Sunnah, analogical reasoning, and consensus.
The Quran is the revelation of God, the Sunnah is the example and practice of Muhammad, whose teachings play a major role in this ideology.4/4(1). Sources of Islamic law as it is a usual practice in Islamic law to put a specific problem to a jurist so that he may interpret it in order to find a proper answer or fatwa to the same.
Essay: Islamic family law In the nineteenth century, the central moral challenge was slavery. In the twentieth century, it was the battle against totalitarianism.Download