By Jamal J. Ahmad Nasir
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Additional resources for The Status of Women under Islamic Law and Modern Islamic Legislation, 3rd Edition
Sample text
They are not lawful [wives] for the disbelievers, nor are the disbelievers lawful [husbands] for them” (60:10). This universal prohibition, which is shared by the Shi’ah (Ref. Al-Hilli, p. 16), has been incorporated into the modern laws of Syria marriage impediments 43 (Art. 48/2), Jordan (Art. 33/1), Iraq (Art. 117), Morocco (Art. 29/5) and Kuwait (Art. 18/2). The ruling applies whether or not it has been recorded explicitly. A marriage between a Muslim woman and a nonMuslim man is void without condition, and whether consummated or not, and thus the couple have to be separated.
The islamic institution of marriage 29 In almost all instances, the freedom of choice of both parties in respect of their future partner reigns supreme. Generally the minimum marriageable age for a girl is now fifteen or more, unless the court grants special permission for her to marry even sooner. However, there is no point in my denying that subterfuge is often used, especially in rural and Bedouin areas, in order to present prospective brides to the authorities as being older than they really are.
13), Morocco (Art. 29/6), Tunisia (Art. 20) and Kuwait (Art. 19) have adopted the provision prohibiting marriage to a woman in her iddat, and the Ja’faris agree (Ref. Sheikh Abdul Kareem Rida Al-Hilli, Ja’fari Provisions on Personal Status (Al Ahkaam ul Ja’fariyya fil Ahwal-al-Shakhsiyya) Baghdad Muthanna Library, Cairo 1947, p. 9). There is a special situation that can arise however, and that is when the husband of a woman who wishes to marry again has gone missing. Under the most authoritative provisions of the Shari’ah, adopted in the Egyptian Law No.