By: Noha Adel Bakr ” In this chapter, I have briefly traced the position of custom, or ‘Urf, in the Islamic legal tradition from it’s inception through the mid-seventh/ thirteenth century. Throughout this period, the use of custom went through two important stages of legal development. The first stage was the absorption of pre-Islamic customs […]
Āda and ‘Urf in Hanafi and Shafii” Fiqh Read More »
By: Noha Adel Bakr ” The earliest phase of jurisprudential development in the Islamic context is characterized by a shift in focus from the Qurʾān to the sunna of the Prophet Muhammad as the preeminent source of guidance in legal matters facing the Muslim community. This shift mirrors and anticipates a similar shift in the
An Introduction to the Study of Al-Qawaid Al-Fiqhiyya Read More »
By: Raja El Habti “Mahr is the obligatory gift given by the husband to the wife at the time of marriage. It is an expression of the man’s love, respect, and serious commitment to his wife to be and to married life. It is the right of the woman, and hers alone. She may do
Mahr in the Context of The Islamic Marriage Contract Read More »
By: Mohammad Fadel This Essay takes a critical look at a doctrine that is often cited – by Muslims and non-Muslims alike – as indicative of Islamic law’s systematic gender discrimination in favor of men and against women: the legal requirement that a Muslim woman, prior to her marriage, must gain the permission of her
By: Abed Awad, Esq. Our country needs a legal remedy to protect women within our secular legal system. The U.S. Supreme Court anchors its separation of church and state jurisprudence in elaborate balancing tests. To best serve our clients, lawyers must balance the secular, legal remedies with our clients’ religious requirements.
Chipping Away at Divorce Quagmire For Muslim and Jewish Women Read More »
By: Julie Macfarlane The primary objective of the study was to document, using a qualitative, interview-based approach, how North American Muslim communities manage divorce. Specifically, the study explores Islamic approaches to marriage, reconciliation, and divorce and the meaning and significance they retain for Muslims in North America. Men and women who had experienced religious divorce
Understanding Trends in American Muslim Divorce and Marriage Read More »
By: John Mansfield “At the Karamah program a year ago, I gave a talk with the same title–“Marriage in Pakistan – Divorce in Maryland”- about the case – Aleem v. Aleem – just then handed down by Maryland’s highest court, the Maryland Court of Appeals. I hope to approach this same case with more information and new insights into
Marriage in Pakistan – Divorce in Maryland – A Sequel (2009) Read More »
By: John Mansfield “Aleem v. Aleem is a recent case from Maryland’s highest court, the Maryland Court of Appeals. Husband and wife were married in Pakistan in a ceremony that complied with the Pakistan Muslim Family Laws Ordinance. After three days, the marriage was registered. At the time of the marriage the husband was twenty-nine
Marriage in Pakistan – Divorce in Maryland (2008) Read More »
“This paper is a collection of detailed comments on the proposed CEDAW General Recommendation on the Economic Consequences of Marriage and its Dissolution (The Concept Note) currently being circulated by the CEDAW Committee at the United Nations. KARAMAH hopes that its comments will facilitate a thorough critique by Muslim delegations of The Concept Note which is
By: Azizah al-Hibri, Esq. “To understand the fullness of the Islamic position on family planning, we need to look more carefully at the total picture. Its departure point, of course, is to encourage the life principle. Hence, the Prophet’s exhortation to multiply and the Qur’anic prohibition of infanticide, a wide-spread pre-Islamic practice involving born children which was
Family Planning and Islamic Jurisprudence Read More »
AR 
EN