Family Law

Marriage: The Cornerstone of Civilization

By: Dr. Zainab Alwani Although there may be hurt feelings on both sides, the [Quran] advises compassion in decision-making, encouraging the couple to remember anything good that they shared. As Salma Abugideiri and [Zainab Alwani] explain in What Islam says about domestic violence (Herndon: FAITH, 2008): “The psychological… View Article

Reinterpreting the Guardian’s Role in the Islamic Contract of Marriage: The Case of the Maliki School

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 …

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Understanding Trends in American Muslim Divorce and Marriage

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 …

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Marriage in Pakistan – Divorce in Maryland – A Sequel (2009)

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 …

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General Recommendations by KARAMAH, New Cedaw Concept Paper: “Economic Consequences of Marriage and its Dissolution

“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 …

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Family Planning and Islamic Jurisprudence

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 …

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