Family Fiqh: Difference between revisions
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'''Abstract''' | '''Abstract''' | ||
'''Family Fiqh''' is a branch of applied fiqh that deals with the deduction of Shar'i rulings concerning the formation, continuation, and dissolution of the family. The reasons for the prominence of this field in [[Contemporary Fiqh]] studies include: the importance of the family and its challenges in the contemporary world, the challenges of the modern world, the experience of jurisprudential governance, legal gaps, and the emergence of new issues. Additionally, gaps in civil laws and the disconnect between traditional fiqh teachings and new cultural norms necessitate new ijtihadi responses. | '''Family Fiqh''' (in Persian: [[:fa:فقه_خانواده|فقه خانواده]]) is a branch of applied fiqh that deals with the deduction of Shar'i rulings concerning the formation, continuation, and dissolution of the family. The reasons for the prominence of this field in [[Contemporary Fiqh]] studies include: the importance of the family and its challenges in the contemporary world, the challenges of the modern world, the experience of jurisprudential governance, legal gaps, and the emergence of new issues. Additionally, gaps in civil laws and the disconnect between traditional fiqh teachings and new cultural norms necessitate new ijtihadi responses. | ||
In the contemporary era, newly emerging views, utilizing the capacities of fiqh, have reconsidered issues in this domain, such as the rights and obligations of spouses centered on [[Mu'asharah bi'l-Ma'ruf]] (living together in kindness), restricting [[Polygyny|polygyny]] and [[Temporary marriage|Nikah Mut'ah]], expanding the grounds for divorce, reconsidering the annulment of marriage, rethinking [[Ḥiḍānah]] (custody), issues related to [[Artificial insemination|new reproductive technologies]], the validity of new forms of marriage contracts (like the [[Aryan marriage ceremony]], [[Cohabitation]]), and accountability in situations of compelled choice (ikhtiyār bi'l-iḍṭirār). | In the contemporary era, newly emerging views, utilizing the capacities of fiqh, have reconsidered issues in this domain, such as the rights and obligations of spouses centered on [[Mu'asharah bi'l-Ma'ruf]] (living together in kindness), restricting [[Polygyny|polygyny]] and [[Temporary marriage|Nikah Mut'ah]], expanding the grounds for divorce, reconsidering the annulment of marriage, rethinking [[Ḥiḍānah]] (custody), issues related to [[Artificial insemination|new reproductive technologies]], the validity of new forms of marriage contracts (like the [[Aryan marriage ceremony]], [[Cohabitation]]), and accountability in situations of compelled choice (ikhtiyār bi'l-iḍṭirār). | ||
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Some of the study resources on Family Fiqh published in Persian are as follows: | Some of the study resources on Family Fiqh published in Persian are as follows: | ||
[[Fiqh of the Comprehensive Family System (book)|Fiqh of the Comprehensive Family System]]: Transcriptions of the advanced fiqh lectures of [[Sayyid Mundhir Hakim]], written by Mohammad-Reza Mirzaei-Ravandi, Mohammad-Amin Mohammadi-Zadeh, and Ali Zamzam; | * [[Fiqh of the Comprehensive Family System (book)|Fiqh of the Comprehensive Family System]]: Transcriptions of the advanced fiqh lectures of [[Sayyid Mundhir Hakim]], written by Mohammad-Reza Mirzaei-Ravandi, Mohammad-Amin Mohammadi-Zadeh, and Ali Zamzam; | ||
* [[A Comparative Study of Family Law (book)|A Comparative Study of Family Law]], by [[Abu al-Qasim Gurji]] et al.; | |||
[[A Comparative Study of Family Law (book)|A Comparative Study of Family Law]], by [[Abu al-Qasim Gurji]] et al.; | * [[Fiqh and Law of Family Formation (book)|Fiqh and Law of Family Formation]], by Javad Habibi-Tabar; | ||
* [[Fiqh and Law of Family Administration (book)|Fiqh and Law of Family Administration]], by Javad Habibi-Tabar and Sayyid Musa Mousavi; | |||
[[Fiqh and Law of Family Formation (book)|Fiqh and Law of Family Formation]], by Javad Habibi-Tabar; | * [[Family Fiqh (book)|Family Fiqh]], by Ali-Asghar Elhaminia; | ||
* [[A New Look at Family Law in Islam: Proposal, Engagement, Marriage, and Divorce (book)|A New Look at Family Law in Islam: Proposal, Engagement, Marriage, and Divorce]], by Sayyid Mokhtar Mousavi; | |||
[[Fiqh and Law of Family Administration (book)|Fiqh and Law of Family Administration]], by Javad Habibi-Tabar and Sayyid Musa Mousavi; | * [[Family Fiqh, Divorce (book)|Family Fiqh, Divorce]] and also [[Family Fiqh, Marriage (book)|Family Fiqh, Marriage]], by Zahra Fehresti. | ||
[[Family Fiqh (book)|Family Fiqh]], by Ali-Asghar Elhaminia; | |||
[[A New Look at Family Law in Islam: Proposal, Engagement, Marriage, and Divorce (book)|A New Look at Family Law in Islam: Proposal, Engagement, Marriage, and Divorce]], by Sayyid Mokhtar Mousavi; | |||
[[Family Fiqh, Divorce (book)|Family Fiqh, Divorce]] and also [[Family Fiqh, Marriage (book)|Family Fiqh, Marriage]], by Zahra Fehresti. | |||
== Footnotes == | == Footnotes == | ||
{{Footnotes}} | {{Footnotes}} | ||
== | == References == | ||
{{ | {{References}} | ||
* Alasvand, Fariba, ''Justice, Woman, Gender'', Qom, Women and Family Research Institute, 2024. | |||
* Allamah al-Hilli, Hasan ibn Yusuf, ''Muntahā al-Maṭlab fī Taḥqīq al-Madhhab'', Mashhad, Astan Quds Razavi, 1999. | |||
* Haqkhah, Monir, [https://ensani.ir/file/download/article/20160926143503-9626-58.pdf "Application of the Rule of 'Forgoing due to Misuse of Choice' in the Domain of Family Fiqh"], in ''Journal of Strategic Studies on Women'', No. 66, Winter 2015. | |||
* Haqkhah, Monir, and Sedigheh Mohammadhassani, [https://ensani.ir/file/download/article/20160914150101-9551-102.pdf "Cultural Progress and the Position of Ḥayāt Ṭayyibah in Family Fiqh"], in ''Biannual Journal of Fiqh and Family Law'', No. 64, Spring & Summer 2016. | |||
* Hidayatnia, Farajullah, [https://ensani.ir/file/download/article/64a29cecc5540-9773-76-3.pdf "Designing a Comprehensive Structure for Family Fiqh"], in ''Journal of Islamic Law'', No. 76, Spring 2023. | |||
Haqkhah, Monir, [https://ensani.ir/file/download/article/ | * Hidayatnia, Farajullah, [https://zan-khanevade.urd.ac.ir/article_82353_75ecc7815c90984683f5428c68f09933.pdf "The Capacities of Imami Fiqh and the Modernization of Family Fiqh"], in ''Biannual Journal of Juridical-Fiqhi Studies on Woman and Family'', No. 2, Autumn & Winter 2018. | ||
* Hosseini, Sayyid Amrollah, [https://ensani.ir/file/download/article/1671433146-10278-20-8.pdf "A Renewed Look at the Grounds for Annulment of Marriage and an Examination of the View of Their Exclusivity from the Perspective of the Family Fiqh System"], in ''Journal of Social Fiqh Research'', No. 20, Spring & Summer 2022. | |||
* Ishaqi, Mohammad, and Fariba Haji-Ali and Zeynab Nafar, [https://ensani.ir/file/download/article/1621766478-9626-88-6.pdf "The Application of Equity in Family Fiqh"], in ''Journal of Strategic Studies on Women'', No. 88, Summer 2020. | |||
* Khodakarami, Somayyeh, ''A Comparative Study of the Principle of Mu'asharah bi'l-Ma'ruf in Islamic Fiqh and the Positive Law of Iran'', Master's thesis in Fiqh and Private Law, Tehran, Shahed University, 2019. | |||
* Makarem Shirazi, Naser, ''Aḥkām-i Bānuwān'', Qom, Madrasat al-Imam Ali ibn Abi Talib (a), 2007. | |||
* Ma'refat, Mohammad Hadi, [https://www.noormags.ir/view/fa/articlepage/73985 "Defects Necessitating Annulment of Marriage"], ''Dādrasi Monthly'', No. 3, August 1997. | |||
* Mehrizi, Mahdi, [https://ensani.ir/file/download/article/20120426130535-3093-181.pdf "The Dominance of Tradition in the Sphere of Religious Studies on Women"], in ''Kitāb-i Māh-i Dīn (Religion Book of the Month)'', No. 137, March 2009. | |||
* Mohammadzadeh, Zeynab, and Mahdi Ijtihadi, [https://ensani.ir/file/download/article/6644b245e1615-10394-1402-1-8.pdf "The Position of the Aryan Marriage Ceremony in the Islamic Family Fiqh System"], in ''Journal of Comparative Studies of Fiqh and Principles of Schools of Thought'', No. 10, Spring & Summer 2023. | |||
* Mutahhari, Murtada, ''Imdādhā-yi Ghaybī dar Zindigī-i Bashar'', Tehran, Sadra, 2008. | |||
* Naqibi, Sayyid Abu al-Qasim, [https://ensani.ir/file/download/article/20131124150031-9551-37.pdf "Specific Rules of Family Fiqh and Their Application in Civil Law"], in ''Journal of Fiqh and Family Law'', No. 55, Autumn & Winter 2011. | |||
* Nobahar, Rahim, and Seyyedeh Umm al-Banin Hosseini, [https://ensani.ir/file/download/article/1546080189-9869-237.pdf "The Limits of Sexual Relations Between Spouses within the Framework of the Principle of Mu'asharah bi'l-Ma'ruf"], in ''The Quarterly Journal of Family Research'', No. 53, Spring 2018. | |||
* Nozari Ferdowsiyeh, Mohammad, [https://ensani.ir/file/download/article/1644214427-9467-1400-4-12.pdf "A Juridical-Legal Analysis of a Wife's Seeking Permission from Her Husband to Leave the House with Emphasis on the Principle of Ma'ruf"], in ''Journal of Fiqhi Researches'', No. 4, Winter 2022. | |||
* Qutb al-Rawandi, Sa'id ibn Hibatullah, ''Fiqh al-Qurʾān'', Qom, Ayatollah Mar'ashi Najafi Library, 1405 AH. | |||
* Rashid Rida, Muhammad, ''Tafsīr al-Qurʾān al-Ḥakīm al-Shahīr bi-Tafsīr al-Manār'', Beirut, Dar al-Ma'rifah, 1414 AH. | |||
* Ruhani Mashhadi, Mohammad-Hassan, ''Mu'asharah bi'l-Ma'ruf in Spousal Relations with Emphasis on Imami Fiqh and Iranian Law'', Master's thesis in Fiqh and Foundations of Islamic Law, Tehran, Allameh Tabataba'i University, 2021. | |||
* Saanei, Yusuf, [https://saanei.xyz/?view=01,02,48,378,0 "A Conversation with Ayatollah Saanei Regarding the Family Protection Bill"], on the official website of the Office of Grand Ayatollah Saanei, accessed: December 27, 2025. | |||
* Saanei, Yusuf, [https://saanei.xyz/?view=01,05,13,309,0 "Temporary Marriage and its Conditions and Limits"], on the official website of the Office of Grand Ayatollah Saanei, accessed: December 27, 2025. | |||
* Sadeqi Tehrani, Mohammad, ''Al-Furqān fī Tafsīr al-Qurʾān bi-l-Qurʾān wa-l-Sunnah'', Qom, Farhang-e Islami, 1406 AH. | |||
* Sayyid Nasireddini, Seyyedeh Tahereh, and Ebrahim Yaquti and Zahra Fehresti, [https://ensani.ir/file/download/article/1671433173-10278-21-5.pdf "Feasibility Study of Agreement Between Spouses on the Effects and Rulings of Marriage Dissolution Regarding Financial Rights from the Perspective of the Family Fiqh System and Iranian Law"], in ''Journal of Social Fiqh Research'', No. 21, Autumn & Winter 2022. | |||
* Soleiman Kalvanagh, Amin, [https://ensani.ir/file/download/article/1741685134-67d0018edea00-10000-1403-6.pdf "An Analysis of the Legal Status of Relinquishing Custody in Exchange for Forgoing Mahr or Divorce (Resolving a Judicial Challenge with Emphasis on the Teachings of Family Fiqh)"], in ''Quarterly Journal of Woman and Family Studies'', No. 32, Spring 2024. | |||
{{End}} | {{End}} | ||
[[fa:فقه خانواده]] | [[fa:فقه خانواده]] | ||
[[Category:Contemporary Jurisprudence Articles]] | |||