al-Nikah al-Urfi fi Mizan al-Islam
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- al-Nikah al-Urfi fi Mizan al-Islam
al-Nikah al-Urfi fi Mizan al-Islam (Customary Marriage in the Balance of Islam) is a contemporary treatise on Islamic jurisprudence by Salah al-Din Amir (completed in 1428 AH / 2008 CE), examining the forms, legal rulings, and social impacts of unregistered and customary marriage (al-nikah al-urfi) alongside Yemeni law .
Background and Composition
The work was prepared as a master's thesis in the Department of Jurisprudence and its Principles (Fiqh wa-Usuluh) within the Faculty of Sharia at Al-Eman University in Yemen, under the academic supervision of Amin Ali Muqbil . The author noted that his selection of the subject was prompted by the rapid spread of informal relationships conducted under the name of customary marriage, particularly among youth, and the absence at the time of a comprehensive, standalone study examining its various legal classifications, societal effects, and remedies .
Method and Sources
The author adopted an inductive methodology (al-manhaj al-istiqra'i) to classify the various practices of informal marriage, analyze their rulings according to Islamic legal principles, and provide comparative assessments with modern Yemeni statutory law . The work documents Quranic citations by surah and verse number, traces hadiths to primary compilations while noting scholarly judgments on their authenticity, and attributes contemporary legal rulings and fatwas to their respective authorities . Due to the novelty of the contemporary manifestations of the topic, the author also utilized online sources where applicable .
Structure and Contents
The book is organized into an introductory framework, three main chapters, a conclusion, and reference indices :
- Chapter One (Marriage and its Forms): Covers the linguistic and legal definitions of marriage in Islamic jurisprudence and Yemeni law, the wisdom and rulings underpinning lawful marriage, pre-Islamic marriage practices and their status in Islam, and the legal pillars and conditions of valid marriage contracts .
- Chapter Two (Customary Marriage): Analyzes the term urfi and its classifications, addressing four primary manifestations: valid marriages that fulfill all pillars but lack official state documentation; marriage contracted with the unspoken intention of divorce, referred to as touristic marriage (al-nikah al-siyahi); marriages contracted without the guardian's knowledge (bi-ghayr ilm al-wali); and secret marriages (al-nikah al-sirri), discussing their causes, harms, legal status, and consequences under Sharia and Yemeni law .
- Chapter Three (Models and Solutions): Presents field cases and real-world incidents arising from unregistered, touristic, guardian-bypassing, and secret marriages, followed by proposed legal and social remedies for each category .
The book concludes with analytical findings, followed by indices for Quranic verses, prophetic traditions, biographical figures, and cited references .
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