Classical Muslim Family Law

Family is apparently one of the central institutions in the Muslim society and Muslim law defines a fundamental role of a marriage as a tool of the creation of a family in the Muslim world: “Marriage is central for the growth and stability of the basic unit of society, the Muslim family, the means by which the world is populated with Muslims to concretize and realize the God’s Will in history by spreading the faith and fighting for it” (p.14).

In fact, this sentence is a quintessence revealing the significance of marriage in the Muslim society and the role of family in the Muslim world. It is important to underline that the Muslim law does not distinguish the religion and the concept of family since the marriage, according to the Muslim law, inevitably leads to the creation of the Muslim family. This means that the marriage is possible only between Muslims that reflect the superior attitude of Islam to all other religions.

At the same time, the ultimate goal of the Muslim family proves the superiority of Islam compared to other religions in terms of the Muslim law since the Muslim family, above all, aims at the “spreading the faith and fighting for it” through the growth of the Muslim population. In such a way, family turns to be a significant social unit only as a tool of the spread of Islam in the world.

On the other hand, the Muslim law apparently implies that only through marriage the Muslim family can be created and the law implies that any extramarital relations should be condemned because they do not lead to the creation of the Muslim family.

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