Marriage in Islamic Law: The Modernist Viewpoints

Abstract

Marriage under classical Islamic law has been adequately discussed by a number of writers, but little has been written on the modernist viewpoints. To Westerners—businessmen in particular—perhaps a discussion of business law would be more useful than one on marriage law. However, besides the fact that modern business codes in most Islamic lands have been patterned after Western law, a discussion of the law of marriage—indeed, of the entire law of personal status—is more useful for giving non-Muslims a deeper understanding of Muslim society. Under pre-Islamic law, there were no limitations on men's rights to marry or obtain a divorce. Although the new law under Islam—the Shari'a—reformed marital practices, it did not abolish polygamy or prohibit divorce as did the canon law in early Christian society. Even though marriage in Islam is often considered a religious function, the Shari'a does not prescribe any particular form of marriage ceremony.