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THE ISLAMIC FAMILY LAW

in Islamic family law, there were no structural changes compared to the Fiqh. The family is patriarchal and patrilineal and is based on blood ties between the father and children. Inside, there is however, a marital relationship between husband and wife (marriage relationship). Each family member has its own status and role. The authority it is the head of household. Although the man the head of the family, the woman has an important role as a mother. I - THE WEDDING. The basic rule of Islamic family law is the prohibition of having children outside of marriage to preserve the purity of lineage "agnatizza" (from father to son). It 'may not therefore be the natural family based on cohabitation and the adoption. The marriage, though not a sacrament, is considered an institution in accordance with God: God created sexuality in marriage which is permitted and prohibited off of it. Marriage in Islam is therefore a contract that governs the use of sexuality and fertility: it is a comfort natural forms of Sharia to a divine command, and although not a member of the acts of worship it is half of faith: "No relationship is more grateful to God that exists between the spouses, not the one that exists between parents and children and that between brothers, affection, mutual mercy is augmented by the possibility of exchanging the natural pleasure in the thalamus ... And then the man is the woman's dress and the woman dressed man. " Marriage is the cure to relationships outside marriage and for man and woman can not live without sex, celibacy is excluded from the Koran. And because it's the way of life of Muhammad Muslim, it should be remembered that he was married.
For the children of the validity of the contract of marriage takes a few elements encoded by Khalil, a Maliki Faqih of the fourteenth century: A - Wali: it is the responsibility of marriage guardian to marry the woman. He is usually the bride's father. According to the Koran, the Wali can not exercise restraint and do not have the right to marry prepubescent's because for the validity of the contract always requires the consent of the couple, at the age of reason and capable, without mental impairments. The practice of Marriage quarter from the combined children or father who exercises authority over it therefore has no basis in Sharia Koran, but is a legacy of pre-Islamic customs, especially popular in India. Ottoman legislation also introduced the establishment of a minimum age that has a psychological and demographic significance, being designed to limit births. The various modern codes set the minimum age for marriage at age male who is between sixteen and twenty-one years, while the female is between fifteen and eighteen years. modern codes that keep the institution of Wali is always the closest relative of the woman to marry. The opposition to his will is considered improper but is still permitted; B - The Dowry (Mahr). And 'the gift of the future husband and the bride is required for the validity of the marriage contract. The dowry becomes the property of the woman (Which is retained even if divorced) and makes the woman empowered to cohabitation and sexual relations. The Bahr is paid a part before the consummation of the marriage and the balance in the short or long term or in the event of repudiation of the woman;
C - The seat of contract and the marital consent. The Qur'an (IV: 19) considered the marriage void without the consent of the woman, even in the case of levirate (marriage of a man with his brother's widow). The expression of consent takes place during the sitting of the contract, which takes place in units of time and place and must be reported by the wali of the woman in the presence of two male witnesses to ladies costumes. modern codes have introduced the double register and that the transcription of marriage in the register of civil status, before a notary or judge. Since the procedure is next to the customary rules in the absence of the written marriage is considered equally valid according to oral testimony. In Tunisia, where he has been banned polygamy and unilateral repudiation of marriage the bride must be absolutely void unless it transcribed. Recently, the transcription rules and orders have also been introduced in Morocco, Algeria, Syria and Jordan. II - impediment to marriage. In the Koran there are obstacles standing who intend to prohibit the inbreeding and preserve the purity of agnates, it is why they say women forbidden to man and establishes grounds for family (incest) for "covenant" (marriage is prohibited with in-laws and in-laws) for "nursing" (can not be married to the nurse in the children of her brothers who are considered to milk).
are counted from the Quran other impediment: A - ground for difference of religion, the Koran forbids the marriage of a Muslim woman with a polytheist while allowing religion to marry a woman of the Book (Christian or Jewish). It 'also prohibited a Muslim woman to marry a Christian or a politician. The only modern codes prohibit a Muslim woman to marry a non-Muslim; B - ground for apostasy of joint: If you convert a Muslim to another religion, his previous marriage is considered void and has prevented any subsequent marriage between a Muslim and an apostate; C - grounds for suspicion of adultery, if a husband accuses his wife of adultery without taking the required four witnesses, the two are separated forever, because her husband is considered perjury.
D - Polygamy: the Koran is limited to four wives but questions the fairness of the husband with all of them. The equity must be understood in both economic and sexual.

modern codes tend to value monogamy, which is considered more suitable to modern life for economic reasons. Tunisia and Turkey have banned polygamy in Morocco and Algeria while polygamy requires permission of the court, verifying whether the conditions of fairness;

E - ground for divorce: the divorce can take place 3 times, then the marriage between the couple is forbidden;

F - grounds for non-equivalence of conditions: the social condition of the husband must be higher than that of the woman and not vice versa is because only men can raise the status of women, and because we want to avoid that the man contracted the marriage for convenience.

G - From the conclusion of the contract valid from the effects of marriage, which sometimes occur even if the contract is null and void but the marriage was consummated. In this case the father has acknowledged paternity, the dowry is due, the woman must observe the 'Idda (prohibition of remarriage) in the event of divorce, and widowhood and worth all the obstacles based on kinship.