Fiqh, Evidence & Legal Reasoning: The court as a bride’s guardian for marriage contracts

One of my current projects is to give students of fiqh a taste of the evidence behind rulings and legal reasoning, as well as a few hints as to why one opinion is preferred over others. Here’s an example from the section concerning the court serving as a bride’s guardian in marriage contracts when the guardian is absent or refuses to marry her to a suitable groom.

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The need for better reporting on Islam in Muslim lands

Reporters in lands where there is limited access to Islamic legal scholarship can be excused for not knowing basic points of Islamic law. The same cannot be said of reporters living in countries where Islam is the official religion and there is easy access to Islamic scholarship – especially when it comes to matters that are frequent, sensitive, and commonly known to Muslim laity.

Take, for example, the role of witnesses of marriage contracts.

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Marriage #iḥsānology – collection 9

This is the ninth collection of short summaries of content from Shajarat al-Maʿārif which I post to my Twitter and Facebook accounts. There are other collections. The numbers at the end of entries refer to the item number in the printed text in order to facilitate its reference.

This collection focuses on beneficence and excellence related to marriage.

I usually break #iḥsānology material into 140 character chunks and then post topical collections here on the blog. Sharing these smaller chunks facilitates their spread through social media, especially when I want to buffer them out and then trickle them out over several days. Usually this is fine since most chunks are useful on their own and not harmful when read individually. While the same can be said about most of the marriage-related #iḥsānology material, I am concerned with the wisdom of breaking it up into chunks given the overall lack of familiarity with Islamic law relate to marriage, and general sensitivities pertaining to spousal relations. But I am likewise concerned with hiding parts of legitimate Islamic scholarship just because some people may find it offensive. (I do not consider honesty and scholarly integrity luxuries. But that’s something for another day.)

These are some of the reasons why majority of the marriage-related #iḥsānology material is being presented in a single blog post instead of spread out over many chunks.

All of the following entries come from section 387 of the book.

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Endowment, Gift & Inheritance #iḥsānology – collection 8

This is the eight collection of short summaries of content from Shajarat al-Maʿārif which I post to my Twitter and Facebook accounts. There are other collections. The numbers at the end of entries refer to the item number in the printed text in order to facilitate its reference.

This collection focuses on beneficence and excellence related to endowments, gifts, and inheritance.

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Transaction & property #iḥsānology – collection 7

This is the seventh collection of short summaries of content from Shajarat al-Maʿārif which I post to my Twitter and Facebook accounts. There are other collections. The numbers at the end of entries refer to the item number in the printed text in order to facilitate its reference.

This collection focuses on beneficence and excellence related to transactions and property.

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