The Fiqh of Family Affairs (I):
Instructor: Ahmad ‘Alī al-‘Adanī
Course Format: 12 downloadable sessions; 3 live sessions
Starts On: 4 March 2013
Length: 3 annual terms / 4-year course
Term: First term (12 weeks)
Course ID: FFA1-1/2013
Division: Fiqh of mu`āmalāt
Department: Fiqh of Family Affairs
“A general and detailed guide to the fiqh of marriage, custody, maintenance, divorce and related matters”
In this course, participants will gain both a broad and an in-depth understanding of Islam’s rulings which order family affairs, from the first thought of getting married onwards.
It begins with the preliminaries to marriage and marriage itself.
A structured approach suited to the modern mind, drawing from centuries of classical and contemporary scholarship and supported by orderly notes, will be resorted to in preference over reliance on any one inadequate old text [References to the Arabic wording of Ibn ash-Shās’‘Iqd al-Jawāhir ath-Thamīnah will make some room for students’ familiarity with the use of one continuous text].
However, one classical text will be consistently utilized in the field of general instruction on marital life (vide infra).
This course, a first among Western Muslims committed to the revival and adaptation to modern conditions of classical Islam, empowers participants to understand, teach to others and practice one-half of īmān or more.
Every Muslim deals with the issues covered in it, yet the need to master them is becoming every day more acute. There are countless of Muslims worldwide living in harām or engaging in forbidden acts within a lawful relationship due to lack of familiarity with the subject. This course fills that gap.
It is therefore a must for every Muslim concerned about a key aspect of his or her Dīn, whether male or female, single or living in a couple, adult or youth.
There will be discussion of contemporary phenomena and exploration of viable real-life solutions to problems.
It will not only comprehensively tackle the fiqh of marriage, but also instruction on marital life from a great savant of the Islamic West.
• Introduction about the course; introduction to the fiqh of marriage and family affairs
• The meaning of nikāh in Arabic and in the fiqh
• Presentation of Ibn ‘Ardūn and his general manual on marriage, Muqni` al-Muhtāj fī Ādāb az-Zawāj
• Advance listing of all the topics which the course on marriage is going to cover, topic per topic
• The unique concessions to and specificities of the Prophet, Sallallāhu ‘alayhi wa-Sallam, in the field of marital life and generally
• Muqni` al-Muhtāj fī Ādāb az-Zawāj: Islam’s stimulation of desire to marry
• The legal value (hukm shar`ī) assigned to marriage in Islam
• Preliminaries of marriage: The issue of looking at a woman with the aim of potentially marrying her
• Muqni` al-Muhtāj fī Ādāb az-Zawāj: The benefits and harms of marriage (Benefits)
• The marriage proposal
• Applying the fiqh of marriage proposals to modern-day online matrimonial sites and their like
• Muqni` al-Muhtāj fī Ādāb az-Zawāj: The benefits and harms of marriage (Harms)
• The condition of legal compatibility between the prospective spouses, including its application in the Islamic West
• Muqni` al-Muhtāj fī Ādāb az-Zawāj: Analysis of human compatibility between the prospective spouses
• General survey of the marriage contract – Enumeration of its pillars – The Islamic concept of contracts
• Preferable time and place of an Islamic marriage – Formula of felicitations
• Muqni` al-Muhtāj fī Ādāb az-Zawāj: The features one looks for in a wife for pleasant cohabitation, wholesome partnership and a successful union (I-III)
• General understanding of offer and acceptance in contracts
• The first pillar of the marriage contract: The formula of offer and acceptance (sīghah), including marriage contracted in jest and marriage registers
• Muqni` al-Muhtāj fī Ādāb az-Zawāj: The features one looks for in a wife for pleasant cohabitation, wholesome partnership and a successful union (IV-VI)
• The first pillar of the marriage contract: The formula of offer and acceptance (sīghah) – Temporary marriages
• A conspectus of scholars’ views on mut`ah across the centuries
• Muqni` al-Muhtāj fī Ādāb az-Zawāj: The features one looks for in a wife for pleasant cohabitation, wholesome partnership and a successful union (VII-VIII)
• The first pillar of the marriage contract: The formula of offer and acceptance (sīghah) – Marrying with the intention of subsequently divorcing
• Applying the fiqh on the subject to the modern phenomenon of marriage by green card applicants and their like
• Muqni` al-Muhtāj fī Ādāb az-Zawāj: The features which a woman and her guardian should look for in a prospective husband / son-in-law
• The stipulation of special terms and conditions in the marriage contract
• Detailed excursus through all the four madhāhib on this issue
• A proposed contemporary approach to the drafting of special terms and conditions in marriage contracts, and how to enforce them in practice
• The first pillar of the marriage contract: The parties to the marriage contract - A general introduction to this pillar
• The parties to the marriage contract: Absence of coercion, including a comparison between the prevalent view on coercion in contracts and the Hanafiyyah’s distinction between volition and consent
• Muqni` al-Muhtāj fī Ādāb az-Zawāj: Istikhārah and consultation with a view to a possible marriage
• The parties to the marriage contract: Establishing the biological maleness and femaleness of the parties – The case of hermaphrodites and sex changes
• The parties to the marriage contract: Preliminary list of permanently or temporarily prohibited females
• Muqni` al-Muhtāj fī Ādāb az-Zawāj: The soundness of one’s intention to marry
Requirements & Prerequisites
Having a desire to truthfully learn and act.
The 3 live sessions are held after the 4th, 8th and 12th lessons respectively.