The Status of Women under Islamic Law and Modern Islamic Legislation: Third Edition of the Revised and Updated Work » (Revised)

Jamal J. Nasir, BA (Hons), Ph.D. (London) has maintained close contact with his roots in Arabism and Islam while spending many years in practice in the UK, Europe and the States. He has also practiced in many Arab States, being a member of the Jordan and other Arab Bars. The author was formerly Minister of Justice in Jordan, and acting Foreign Minister, where he supervised a radical re-organisation of the Judiciary. This experience provided him with a rare insight into the working and application of the Sharia Law and modern Arab legislation on various aspects of Arab laws. The author has had a number of books published previously, as well as many legal and political articles in international journals. This book particularly supplements an earlier study by the author entitled The Islamic Law of Personal Status which has already become the authoritative textbook in the English language on this important subject, and a reliable reference book for many courts around the world. The author is also legal adviser to several Arab Embassies in London.

This book is believed to be the first of its kind written by a renowned Muslim lawyer in the English language, and by an Arab author who is probably the leading authority writing in English in the subject of Islamic law (the Sharia), and modern Islamic legislation.

There has long been a need for an objective study such as this dealing with the legal rights and obligations of women under the Sharia and under modern Arab Islamic legislation. Seen within the broad principles of Islamic law, the book examines the status of women with regard to marriage, the iddat, parentage and fosterage and custody, and fills an important gap left by recent and more general publications on Islamic law.

The author has researched original Arabic and Islamic text books and reviewed legislation in the different Arab countries in order to present the most up-to-date information on the subject.

It is hoped that this clear, objective account will dispel many of the commonly-held misconceptions about the status of Muslim women in the modern world. This book will provide an enlightenment and deeper understanding of the subject, not only for legal practitioners, but for all those concerned, or with an interest in the subject, particularly Muslim communities in non-Muslim countries, indeed non-Muslim women who may be, or indeed non-Muslim women who may be married to Muslims.

Preface xi

Summary of the 3rd Much Revised and Updated Edition of "The Status of Women under Islamic Law and Modern Islamic Legislation" xiii

Foreword to the First Edition xv

Transcript of Letter from Lord Denning xvii

Introduction 1

Chapter 1 The Branches of Islam and the Schools of Law 11

Chapter 2 The Woman's Right to Education 15

Chapter 3 Inheritance Rights for Women 19

Chapter 4 The Islamic Institution of Marriage 21

Pagan Marriage 21

The Muta or Temporary Marriage 22

Polygamy 25

Arranged Marriage 28

Chapter 5 The Modern Marriage 31

Chapter 6 Marriage Impediments 37

1 Temporary Impediments 37

2 Permanent Prohibition 44

Chapter 7 Guardianship in Relation to Marriage 49

Chapter 8 The Preliminaries of Marriage 53

1 The Betrothal (Khutba) 53

2 Legal Capacity 56

3 Equality of the Partners (Kafa'a) 59

4 Offer and Acceptance 60

5 Witnesses 61

Chapter 9 The Form of the Contract 63

Chapter 10 Marriage Formalities 67

Chapter 11 The Effects of Marriage 75

Chapter 12 Mixed Marriages 85

Chapter 13 The Dower 87

1 The Quality of the Dower 89

2 The Quantity of the Dower 90

3 Prompt and Deferred Dower 90

4 Specified and Proper Dower 91

5 Entitlement to the Dower 94

Chapter 14 Maintenance 105

1 Maintenance under a Valid Contract 105

2 Maintenance under a Non-Valid Contract 108

3 Lack of Access 108

4 Apostasy 112

5 Loss of Maintenance due to Court Procedure 113

6 Assessment of Maintenance 113

Chapter 15 Dissolution of Marriage 117

1 Repudiation (Dissolution) Using the Word Talaq 120

2 Modes of Repudiation 125

3 Pronouncements of Repudiation 127

4 Dissolution by Mutual Agreement of the Spouses-Khula 129

5Dissolution of Marriage by the Court-Tafriq 134

6 Dissolution of Marriage by Operation of Law 153

7 The Wife's Compensation on Arbitrary Repudiation 156

Chapter 16 The Iddat 159

1 When to Observe the Iddat 159

2 Duration of the Iddat 160

3 Rights and Obligation of the Spouses During Iddat 163

Chapter 17 Parentage 169

1 Establishment of Parentage 169

2 Paternity under a Valid Marriage Contract 171

3 Paternity under an Irregular Contract 173

4 Parentage in the Absence of a Contract 174

5 Parentage after Separation 174

6 Disputes Arising from the Birth of a Child 175

7 Parentage Established through Acknowledgment 175

8 The Foundling 178

9 Adoption 179

10 The Legal Effects of Parentage 181

Chapter 18 Fosterage (Suckling) and Custody 183

1 Fosterage 183

2 Custody 183

Chapter 19 Conflict of Laws 205

Conclusion 211

Bibliography 213

Glossary 217

Index 221