Course Overview
Course Overview This course offers a comprehensive understanding of Islamic Family Law ,)األسرة فقه ( ocusing on marriage, rights of spouses, divorce, and the rulings surrounding family life in Islam. The curriculum is designed to address the key aspects of family law as prescribed in the Qur'an and Sunnah, providing students with the knowledge needed to navigate family-related issues according to Islamic jurisprudence.
Course Objectives
- Provide a clear understanding of Islamic teachings on marriage, engagement, and family life.
- Discuss the legal framework of marriage (النكاح), engagement (الخطبة), divorce (الطلاق), and their implications in Islam.
- Educate students on the rights and responsibilities of spouses and the legal rulings of the family system in Islam.
- Explore the wisdom behind Islamic rulings regarding family matters and their practical application in daily life.
- Enable students to understand the significance of family law in maintaining harmony and justice in Muslim households.
Course Outline
Chapter 1
Engagement (لخطبة )nd Related Matter
- Encouragement for Marriage and Choosing a Righteous Spouse
- Importance of marriage in Islam and its benefits.
- How to choose a righteous partner.
Engagement and Looking at the Fiancéer
- Encouragement for Marriage and Choosing a Righteous Spouse
Definition and rulings on engagement.
- The permissibility and conditions for looking at a fiancée.
Engagement Over an Existing Engagement
- Islamic rulings on proposing to someone already engaged.
Engagement to a Woman in Her Waiting Period(عدة)
- The legal restrictions during the waiting period of divorce or widowhood.
Chapter 2:
The Marriage Contract
(عقد النكاح)
Introduction
- Definition, Rulings, and Pillars of Marriage
- The nature of marriage as a contract and its pillars.(أركان)
The Form of the Marriage Contract
The words and conditions that validate a marriage contract.
The role of guardianship )الوالية (and witnesses )الشهود( in marriage.
(الصداق) Dowry -
The importance of dowry, its amount, and rulings on it.)
Chapter 3
Rights and Responsibilities of Spouses
Introduction
The Rights of the Wife
- Financial support
- (المعاشرة بالمعروف( .treatment kind and) النفقة(
The Rights of the Husband
- Respect, loyalty, and mutual obligations.
Conditions and Clauses in the Marriage Contract
- Valid and invalid conditions within the contract.
Chapter 4
Termination of the Marriage Contract and its Consequences
Introduction
Divorce )الطالق (and Related Rulings
- The legal procedure of divorce and its different forms .)رجعة ,طالق ,خلع(
Waiting Period ( )العدةand its Implications
- The waiting period after divorce or widowhood and its rulings.
Custody )الحضانة (and Maintenance
- The rights of children and financial responsibilities after divorce.
Learning Outcomes
By the end of this course, students will:
- Understand the significance of marriage and family in Islam, along with the conditions for a valid marriage contract.
- Be able to distinguish between valid and invalid engagements and proposals according to Islamic law.
- Be aware of the rights and obligations of both spouses, fostering justice and compassion in family relationships.
- Comprehend the Islamic procedures for divorce, including the waiting period and post-divorce responsibilities.
- Apply Islamic rulings on family law issues with confidence in personal, communal, and professional contexts.
