Islamic Marriage Contract Cover Image

Kontrakt małżeński w prawie islamu
Islamic Marriage Contract

Author(s): Mirosław Sadowski
Subject(s): Civil Law
Published by: Łódzkie Towarzystwo Naukowe
Keywords: Islamic marriage contract; sharia law; Islamic law; mahr

Summary/Abstract: The Islamic marriage contract is a very good example of how the norms of Sharia may be used everyday life. Its roots trace back to the birth of Islam, thus underlining the unchanging aspect of the Islamic law, which Muslims see as perfect, since it comes directly from Allah himself. The contents of the marriage contract are based on the Qur’an and Sunnah (tradition) of the Prophet Muhammad. Although the contract may seem rigid, or even anachronistic, it may be shaped in a rather flexible way, if the parties have sufficient knowledge of the Sharia. While the marriage contract sanctions the legal inequality between a man and a woman, in favour of the former, it has to be noticed that it is perhaps the only legal instrument which secures woman’s interests both for the time of marriage, and in case of divorce. The role of mahr, husband’s dowry, or ‘marriage gift’, paid to the wife, is of great importance.

  • Issue Year: 2017
  • Issue No: 103
  • Page Range: 95-111
  • Page Count: 17
  • Language: Polish