What is Islamic marriage law

The context of Islamic law

“Islamic law” is not state law, but is read and applied very differently in the various Islamic countries, depending on the codification. A consideration of the history of development is essential for understanding the design and current function. In advance, key terms such as Sharia and Koran are explained.

Sharia, Koran & Co.

The Arabic word means analogously Sharia “Way to the drinking place / water source” and is used as an umbrella term for all laws derived from the Koran in an ideal Islamic state, often also translated as Islamic law or Islamic law. The Sharia is not simply a collection of laws, but rather a method of creating law. It is the subject of Fiqh, Islamic law.

The main source of Sharia is the Koran. The Holy Scriptures of Islam consist of 114 suras, which are not arranged chronologically but according to the length of the text and are in turn divided into verses. Another source of Sharia is that Sunnah, that is, the collection of the actions of the Prophet Mohammed; the individual traditions of the Prophet Hadith called.

Break with tribal culture

At the time of their introduction (7th century AD), the ideas laid down in Islamic law represented a break with the traditions of pre-Islamic society Islamic law. Islamic family law gave women a better legal status in some cases: the Koran, for example, restricted polygamy to four wives and gave women (limited) inheritance rights, which was not the case in certain pre-Islamic legal cultures. The Islamic criminal law also brought a certain legal certainty with the unified criminal law.

From European laws to re-Islamization

At the end of the 9th / beginning of the 10th century, classical Islamic law is considered to have taken shape. In the 19th century, following Western expansions and conquests, Islamic law was largely replaced by codifications of European law - with the exception of family law, which thus also became a symbol of Islamic identity. In the second half of the 20th century, the demarcation from the former colonial powers in numerous states (e.g. Iran, Libya, Pakistan, Sudan) led to a re-Islamization of laws and constitutions.

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