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The Marriage Contract in Islamic Law in the Shari'ah and Personal Status laws of Egypt and Morocco

Dawoud Sudqi El Alami

198 Pages
2023

The Marriage Contract in Islamic Law in the Shari'ah and Personal Status laws of Egypt and Morocco

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The Marriage Contract in Islamic Law - Summary

This comprehensive analysis explores the intricate framework of marriage contracts within Islamic jurisprudence, focusing specifically on their implementation in Egypt and Morocco. The work provides an in-depth examination of how traditional Shari'ah principles intersect with modern legal systems, offering valuable insights for both legal practitioners and scholars interested in Islamic family law. The author masterfully bridges the gap between classical Islamic jurisprudence and contemporary legal practice, providing a thorough understanding of marriage as both a religious and legal institution.

Key Ideas

1

Legal Duality and Harmonization

The complex interplay between traditional Islamic Shari'ah and modern state legislation in Egypt and Morocco, demonstrating how these legal systems have evolved to address contemporary matrimonial issues while maintaining Islamic principles.

2

Contractual Prerequisites and Formation

A detailed analysis of the essential elements required for a valid Islamic marriage contract, including consent, capacity, and formal requirements, highlighting how these elements are interpreted and applied in modern legal contexts.

3

Modernization of Traditional Concepts

The evolution of classical Islamic marriage concepts in response to modern social needs, examining how Egypt and Morocco have adapted traditional principles to address contemporary challenges while preserving Islamic values.

FAQ's

The book provides a comparative analysis of how both countries have implemented Islamic marriage laws, highlighting their unique approaches to modernizing traditional concepts while maintaining Shari'ah compliance.

It offers practical insights into the application of Islamic marriage laws in modern legal systems, including detailed case studies and comprehensive tables of laws that serve as valuable references for legal practitioners.

Yes, the book examines women's rights and responsibilities within Islamic marriage contracts, analyzing how modern interpretations and legal reforms have influenced gender-related aspects of marriage in both countries.

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