The Betrothal and Marriage - According to Islamic Law (Shariah) and Under the Secular System

11 Pages Posted: 18 Oct 2016

See all articles by Fatmir Halili

Fatmir Halili

Independent

Arif Riza

University of Vienna - Faculty of Law

Date Written: October 15, 2016

Abstract

It is known that the family is an extremely important social institution, namely one of the main agents of socialization. Given its social importance, societies have tried to create norms that govern relationships between family members and others. The importance of family lies in the growth and education of children and the continuity of the life of human society on earth. This paper analyzes two different approaches to marriage as an institution establishing the family: the secular, non-religious approach and the Islamic religious approach. The paper includes discussion of legal regulation and religious-Islamic marriage, the rights and obligations between spouses, and the conclusion of marital relations. Academics, who often treat these issues in terms of secular legal doctrine, may encounter different issues than the religious right in making various comparisons in order to achieve certain objectives. How much is the right one or the other depends on the obedience of each individual, the nature of his education, and the society in which he lives, as well as other factors.

Keywords: Family, Betrothal, divorce, marriage, spouse, etc.

Suggested Citation

Halili, Fatmir and Riza, Arif, The Betrothal and Marriage - According to Islamic Law (Shariah) and Under the Secular System (October 15, 2016). Available at SSRN: https://ssrn.com/abstract=2852815 or http://dx.doi.org/10.2139/ssrn.2852815

Fatmir Halili (Contact Author)

Independent ( email )

No Address Available
United States

Arif Riza

University of Vienna - Faculty of Law ( email )

Schottenbastei 10-16
Vienna, A-1010
Austria

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