Abstract

The goal of this article is to give practitioners insight into the basic beliefs of Muslims regarding women’s rights in two specific areas: marriage and divorce. Effective advocates learn to be culturally and religiously competent, which does not necessarily mean that attorneys agree with the client’s practices. Not judging clients based on their cultural or religious practices, but merely understanding the client’s religious and cultural background is essential to representing Muslims or any other minority group. Definitions of some basic vocabulary related to Islam and Muslims are needed to fully understand the content in this article. Please take note of the following terms: Islam - the actual religion; Arabic word that means peace through submission to God (Allah). Muslim(s) - the followers of Islam; an Arabic word that means one who submits to God. Allah - the Arabic word for God; Islam is a monotheistic religion that teaches that God has no partners, children, or associated entities. Quran - the Holy Book of Muslims; Arabic word that literally means the recitation. This is the primary source for the teachings of the Islamic faith. Muhammad - the last and most important Prophet in Islam, he was the first leader of the Islamic state and the prime example of how a Muslim should live his or her life. Hadith - statements of the Prophet Muhammad that have been written down and compiled. Used as a supplement to the Quran as a secondary source. There is a science used to authenticate and verify authentic hadiths. Hadiths are referred to as “strong” or “weak” based on their chain of transmission and whether they can strongly be linked to the Prophet Muhammad. This article will cite Hadith as support for the principles described. Sunna - Actions of the Prophet Muhammad also used to supplement the Quran as a secondary source.

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