RAS PresidiumВопросы истории естествознания и техники Voprosy istorii estestvoznaniia i tekhniki

  • ISSN (Print) 0205-9606
  • ISSN (Online) 2713-041X

Interfaith marriage: Comparative analysis of the prescriptions of Islam and current legislation of Muslim states

PII
S032150750021338-3-
DOI
10.31857/S032150750021338-3
Publication type
Article
Status
Published
Authors
Volume/ Edition
Volume / Issue 8
Pages
42-49
Abstract

This article appears to be a follow-up to the article ‘Polygamy and interfaith marriages according to Sharia, fiqh and current legislation of Muslim states’ published by the author in issue № 11 in 2021 of this journal. Within the framework of the present article, the author deeps into the question of the permissibility of interfaith marriages according to the legislation of the countries where Islam is widely spread.

The aim of the work is to analyse and compare the postulates of Sharia, fiqh and the legislation norms of some countries for the permissibility of interfaith marriages. The methodology of this article is based on the distinction of such concepts as Sharia, Fiqh and Islamic law. In the author’s opinion, the incorrect connotation of the mention terms leads to incorrect results of the research papers. There have been norms of 11 countries’ legislation analysed in this research (Turkey, India, Saudi Arabia, Jordan, Morocco, Tunis, Iran, Iraq, the Maldives, Malaysia, Egypt), which makes this paper both theoretically and practically significant.

As a result of this research, the author comes to a conclusion that the issue of the permissibility of interfaith marriages is solved in the legislation differently. In this way, the norms of the legislation of some countries do not contain any provisions or references on the question, while the norms of other states either coincide with the provisions of Sharia or contradict it in varying degrees - partly or totally.

Keywords
Muslim states, Sharia, fiqh, Islamic law, polygamy, interfaith marriages, people of the Book
Date of publication
16.08.2022
Year of publication
2022
Number of purchasers
11
Views
681

References

  1. 1. Kuliev D.T. 2021. Polygamy and interfaith marriages according to Sharia, fiqh and current legislation of Muslim states. Asia and Africa today. № 11. Pp. 64-71 (In Russ.). DOI: 10.31857/S032150750017410-3
  2. 2. Syukiyaynen L.R. 1986. Muslim Law. Theory and Practice. Moscow. 254 p. (In Russ.)
  3. 3. Rohe Mathias. 2019. Islamic Law in Past and Present / Translated from German. Moscow. 576 p. (In Russ.)
  4. 4. Schacht J. An Introduction to Islamic law. Oxford. Oxford University Press. 1982. 304 p.
  5. 5. Marghinani B. 2010. Al-Hidayah (The Guidance). Commentaries on Muslim. In 2 parts. Part 1, Vol. I-II / translated from English. Moscow. 2010. 808 p. (In Russ.)
  6. 6. Nasir J.J. 1986. The Islamic Law of Personal Status. L. Graham and Trotman. 328 p.
  7. 7. Mohamad, M., Aziz, Z. & Sim, C. 2009. Muslim-Non-Muslim Marriage: Political and Cultural Contestations in Southeast Asia. 319 p.
  8. 8. Nasir, Dr. Jamal J. Ahmad. The Status of Women under Islamic Law and Modern Islamic Legislation. Netherlands. 2009. 213 p.
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