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No notes for slide. While Fiqh derived from the scholars of Fiqh and Fiqh members, but still refers to the Qur'an and Hadist 4. Total views 13, On Slideshare 0. From embeds 0. Number of embeds 4. This emphasis on the wife's obedience is due to the notion of nusyuz as "disobedience of the wife to the husband" rather than as "disruption of marital harmony by either spouse". But the Quran refers to both nusyuz by the wife Surah an-Nisa' , and nusyuz by the husband Surah an-Nisa' Therefore there need to be a general re-understanding on the basic premise that the Islamic marriage contract is a contract of partnership between the two parties.
A marriage contract should not be viewed as a contract of submission of the female party to the male party, nor as a contract of dominance of the male party over the female party. If this was so in the past, it was due more to customary norms that were then almost universally prevalent in various medieval societies throughout the world, rather than to any peculiar characteristics attributable to the principles of Islam. Codifications of Islamic laws as modern statutory enactments were a relatively new phenomenon which generally emerged in the 20th century.
Unfortunately, in these codified provisions, unrealistic stereotypes often persist regarding the concept of marriage. Too often, when referring to Islamic law or legal culture, the terms syariah and fiqh are used interchangeably.
However, fiqh refers to the human interpretations of the Divine Sources of syariah. Muslims believe that the values and principles contained in the Divine Sources syariah are eternal and universal, but human juristic interpretations, opinions and understandings fiqh are not infallible and are, therefore, open to reinterpretation and reform in order to reflect the principles of justice and equity enshrined in the syariah.
Lack of historical understanding and misconceptions regarding such issues including divorce, polygamy and men's double shares of inheritance, for instance, have led members of our society to look upon such provisions as divinely ordained rights conferred upon Muslim men, instead of as divinely ordained limitations upon male rights that had been previously conferred by the patriarchal pre-Islamic society.
I have stated on many occasions that the renewal of Islamic thought must be an ongoing process ensuring the universality of the message, its pluralism and, and not be ossified and fossilised by blind imitation of traditional thought and opinion.
It might be added that it is even more unfortunate when such blind imitation of traditional thought and opinion is made without even understanding the reasoning or rationale justifying the existence or toleration of certain traditional rules due to the socio-cultural-economic circumstances of the societies in the past, which differed greatly from the realities in present-day societies. Kini Lens. Kini Morning Brief. Kini News Lab. Special Reports. Reach Us.
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