Fiqh al-Usra 1
- Author died
- 1442 AH
- Editions
- Fiqh al-Usra 1
Fiqh al-Usra 1 (Family Jurisprudence 1) is a textbook on Islamic personal status law by the Egyptian scholar and jurist Ahmad Ali Taha Rayan (d. 1442 AH / 2021 CE), examining the legal and normative foundations of marriage, marital rights, and the dissolution of marital ties .
Purpose and Scope
The work frames the family as the foundational building block of Islamic society, rooted in human nature and primordial creation . It articulates several core objectives (maqasid) intended by Islam through the establishment of the family: channeling sexual energy in a legitimate framework, ensuring the continuity of the human species, providing a sound environment for raising future generations, cultivating and developing the earth, and preserving lineage . The text traces the formation of the household through sequential stages—beginning with spousal selection and betrothal, proceeding to the conclusion of the marriage contract and consummation, assigning mutual rights and responsibilities, and establishing mechanisms for resolving marital discord or executing separation in a dignified manner .
Structure and Contents
The textbook is divided into thematic units (wahdat), major parts (abwab), and chapters (fusul), addressing the following topics:
- Betrothal (al-Khitba): Covers the scriptural encouragement of marriage from the Quran and the Sunna, the debate over whether marriage is superior to dedicating oneself solely to voluntary worship, criteria for choosing a righteous spouse, the legal definition and formula of betrothal, and the rulings regarding looking at a prospective bride .
- The Marriage Contract (Aqd al-Nikah): Details the linguistic and juridical definitions of marriage; its legal rulings across varying individual circumstances; its essential pillars (arkan); the valid formulas of offer and acceptance (sigha); concluding the contract via proxy, correspondence, writing, or sign language; contracting in non-Arabic languages; conditionality and temporal restrictions; the contract session (majlis al-aqd); and the role of the matrimonial guardian (wali) .
- Spousal Eligibility and Marital Rights: Examines legal capacity (ahliyya); impediments to marriage arising from religious differences, health issues, and legal prohibitions (both permanent prohibitions through consanguinity, fosterage, or affinity, and temporary prohibitions); social compatibility (kafa'a); and the mutual and exclusive rights established between spouses during marital life .
- Termination of Marriage and Its Causes: Analyzes the remedies for marital discord (shiqaq), spousal recalcitrance (nushuz), and the function of the two arbiters (al-hakamayn); the legal rulings, pillars, and categories of divorce (talaq), including Sunni and Bid'i forms, and divorce uttered under intoxication or coercion; consensual dissolution for compensation (khul); reinstatement (raj'a); continence oaths (ila); injurious comparison (zihar) and its expiation; mutual imprecation (li'an); and the legal prohibitions established by fosterage (rida) .
- Legal Effects of Dissolution: Addresses the post-marital waiting period (idda), its categories, and its calculations; rulings concerning the wife of a missing person (zawjat al-mafqud); mourning regulations (ihdad); housing and financial maintenance during the waiting period (nafaqa and sukna); the consolatory gift (mut'a); and child custody (hidana), including priority of custody, legal qualifications, and its termination .
Pedagogical Method
The volume is structured according to an instructional curriculum design . Each topical section opens with specific learning objectives (al-ahdaf al-khassa) and explanatory conceptual diagrams (al-rasm al-tawdihi) . Chapters conclude with chapter summaries (al-khulasa), self-assessment review questions (as'ilat al-taqwim al-dhati), and lists of supplementary reference materials (al-maraji' al-musa'ida) .
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