Family Law

Family law in Islamic jurisprudence covers marriage, divorce, child custody, and the rights and responsibilities of family members. Key principles include:

Marriage:

Marriage (Nikah) is a legal contract between a man and a woman. It is encouraged as a religious and social duty.

Both parties must consent to the marriage, and it involves a mahr (dowry) paid by the groom to the bride.

Rights and responsibilities, such as mutual respect, care, and support, are emphasized, with the husband typically responsible for financial support and the wife for managing the household.

Divorce:

Divorce (Talaq) can be initiated by the husband, although the wife can also seek divorce through Khula (a form of divorce initiated by the wife, often in exchange for returning the dowry).

The process of divorce involves specific waiting periods (iddah) to ensure clarity regarding the wife’s status and any potential pregnancy.

After divorce, both parties retain certain rights, such as financial support during the waiting period, and the custody of children is usually granted to the mother, depending on the age and circumstances.

Child Custody:

Islamic law emphasizes the welfare of the child, with custody generally awarded to the mother, especially for younger children, but the father maintains financial responsibility for the child’s upbringing.

Inheritance

Islamic inheritance law is highly structured, with clear rules that govern the distribution of an estate. It is primarily outlined in the Quran, specifically in Surah An-Nisa (4:7-12). The key features include:

Fixed Shares:

The Quran specifies fixed shares for certain relatives. For example, a son inherits twice as much as a daughter, and parents, spouses, and children are entitled to specific portions.

The basic shares for heirs are clearly outlined, but the distribution can vary based on the family structure and the presence of other relatives.

Gender-based Distribution:

A son receives twice the share of a daughter in inheritance, reflecting a traditional division of financial responsibilities between men and women in Islamic society.

Spousal Rights:

The surviving spouse (husband or wife) is entitled to a portion of the deceased’s estate, but the amount varies depending on the presence of other heirs. The wife receives one-eighth of the inheritance if there are children, and one-fourth if there are no children. The husband receives one-fourth if there are children and one-half if there are no children.

Exclusionary Rules:

If an heir is excluded from the inheritance due to the presence of certain relatives, the distribution can be adjusted accordingly, with the remaining shares reallocated among the eligible heirs.

Wills and Bequests:

Islamic law permits individuals to make a will (wasiyyah), but the will can only allocate up to one-third of the estate to non-heirs. The remaining two-thirds must be distributed according to the fixed shares prescribed by the Quran.