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The Impact of One-sided Fatāwā: Studying the Example of Fatāwā on Marriage with the Intention of Getting Divorced


Jamil, Ranya (2020). The Impact of One-sided Fatāwā: Studying the Example of Fatāwā on Marriage with the Intention of Getting Divorced. Electronic Journal of Islamic and Middle Eastern Law (EJIMEL), 8(1):37-43.

Abstract

According to Islamic Jurisprudence, it is necessary for a muftī to be aware of the circumstances of the person who requests a fatwā in order to issue a customized fatwā which brings ease and comfort to that person while maintaining the religious standard. However, it is a fact that in the Arab Muslim world, muftīs are generally male, while people who ask for fatāwā are both male and female. As such, the question arises: To what extent does the fact that muftīs are usually male affect the fatāwā being issued? In this paper, one example of fatāwā will be presented and analyzed. This is the fatwā on the marriage with the intention of getting divorced after a certain period of time, which can have a negative impact on women especially. The aim of this paper is to show how important it is to consider the maqāṣid and the persons being involved when formulating a fatwā.

Abstract

According to Islamic Jurisprudence, it is necessary for a muftī to be aware of the circumstances of the person who requests a fatwā in order to issue a customized fatwā which brings ease and comfort to that person while maintaining the religious standard. However, it is a fact that in the Arab Muslim world, muftīs are generally male, while people who ask for fatāwā are both male and female. As such, the question arises: To what extent does the fact that muftīs are usually male affect the fatāwā being issued? In this paper, one example of fatāwā will be presented and analyzed. This is the fatwā on the marriage with the intention of getting divorced after a certain period of time, which can have a negative impact on women especially. The aim of this paper is to show how important it is to consider the maqāṣid and the persons being involved when formulating a fatwā.

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Additional indexing

Item Type:Journal Article, refereed, original work
Communities & Collections:Journals > Electronic Journal of Islamic and Middle Eastern Law (EJIMEL) > Archive > 8/2020 > Articles
Dewey Decimal Classification:340 Law
Language:English
Date:2020
Deposited On:13 May 2020 16:13
Last Modified:27 Oct 2021 12:08
Publisher:Center for Islamic and Middle Eastern Legal Studies (CIMELS), University of Zurich
ISSN:1664-5707
OA Status:Gold
Free access at:Publisher DOI. An embargo period may apply.
Official URL:https://www.ejimel.uzh.ch
Related URLs:https://www.zora.uzh.ch/id/eprint/186936/
  • Content: Published Version
  • Licence: Creative Commons: Attribution-NonCommercial-NoDerivs 3.0 Unported (CC BY-NC-ND 3.0)