The Family Structure in Islam
Publisher: The Other Press
Published: 2008
Place of publication: Kuala Lumpur, Malaysia
Format: Paperback
Number of pages: 376
ISBN-13: 9789839541632
Description: The author deals with a wide array of topics touching on religion, set roles and the family, law, and social change, all of which are basic issues in the structure of social life and arouse the strongest feelings among people. The author approaches these disputed questions with very high qualifications: a deep, personal familiarity with Islam and a scholar's knowledge of it as well as of modern social science. He considers how religious inspiration, law and social conditions during the first four centuries of Islam together shaped ideas about what the family system of Muslims should become. He squarely confronts the most difficult issues of scholarship and morals concerning Islam, such as plural marriage, modes of divorce, social equality in mating, and ?sensuousness?. He not only sheds light on these old questions but asks us to contemplate why they continually arise.
Table of contents: title: Preface; title: Foreword by Prof. Morroe Berger; title: 1 Introduction; title: A. Presuppositions and Methodology; title: B. Arabian Society Before Islām; title: C. The Rise of Islām; title: D. Islāmic Law; title: E. General Characteristics of Islāmic Law; title: 2 The Foundations and Boundaries of the Family; title: A. Definition and Bases of the Family; title: B. Forms of the Family in Islām; title: C. The Family Positions; title: D. The Principle of Identity; title: E. The Traditional Form of the Muslim Family; title: F. The Polygynous Form; title: G. Is the Family a Religious Unit?; title: H. Perpetuation of the Family; title: I. Cohabitation with Slaves; title: 3 Marriage In Islām; title: A. Control of Sexual Behavior; title: B. Islām’s Position on Marriage; title: C. The Purposes of Marriage; title: D. Marriage: Sacrament or Contract?; title: E. The Conditions of Marriage; title: F. Dowry, Marriage-endowment, Marriage-gift; title: G. Marriage Guardianship; title: H. Marriage of Minors; title: I. Compulsion versus Freedom in Marriage; title: J. Mate Selection: Equality (Kafā’ah) in Marriage; title: 4 Islām’s Position on Different Types of Marriage; title: A. Plurality in Marriage; title: B. Polyandry; title: C. Other Forms of Marriage; title: D. Islām’s Position; title: E. The Mut’ah Union; title: F. Polygyny; title: G. Eligibility for Marriage: Endogamy, Exogamy, and Incest Boundaries; title: H. Religion and Exogamy; title: 5 The Web of Domestic Relations; title: I MARITAL ROLES; title: A. The Wife’s Rights; the Husband’s Obligations; title: 1. Maintenance and Its Components; title: a. Residence; title: b. Other Components of Maintenance; title: c. Maintenance in Sickness; title: d. Maintenance in Recalcitrance (Nushūz); title: e. Maintenance in Poverty; title: 2. Dower and Other Economic Rights; title: 3. Nonmaterial Rights; title: B. The Wife’s Obligations; the Husband’s Rights; title: 1. Obedience; title: a. Manifestations of Obedience; title: b. The Basis of Obedience; title: II INTERGENERATIONAL ROLES; title: A. The Child’s Rights; the Parents’ Obligations; title: 1. General Guidelines; title: 2. The Right to Life and Equal Life Chances; title: 3. The Right to Legitimacy; title: 4. The Child’s Right to Socialization and General Care; title: B. The Child’s Duties; the Parents’ Rights; title: 1. General Guidelines; title: 2. Iḥsān; title: 3. Deference; title: 4. Support and Maintenance; title: III INTRAGENERATIONAL AND OTHER MISCELLANEOUS KINSHIP ROLES; title: A. Brother-Sister Relationships; title: B. Miscellaneous Kinship Roles; title: C. Family Planning: Birth Control; title: D. Recapitulation; title: 6 Dissolution of the Family; title: A. An Overview; title: B. Islām and Marriage Dissolution: Divorce; title: C. Dimensions of Divorce in Islām; title: 1. A Misleading Analogy; title: 2. Divorce as a Moral Act; title: 3. The Grounds of Divorce; title: 4. The Timing of Divorce and the Preceding Steps; title: D. The “How” and the Types of Divorce; title: 1. The Sunnah Divorce and Its Variants; title: a. The Simple Revocable Sunnah Divorce; title: b. The Double Revocable Sunnah Divorce; title: c. The Triple Irrevocable Sunnah Divorce; title: 2. The Contra-Sunnah Deviant Divorce; title: 3. Irrevocable Divorce; title: a. Levels of Irrevocability; title: b. The Basic Variants of Irrevocable Divorce/ Dissolution; title: 1) ’Ilā (Vow of Continence); title: 2) Zihār (Injurious Dissimulation); title: 3) Li‘ān (Double Testimony/ Recrimination); title: 4) Khul‘ (Divestiture/Self-Redemption); title: 5) Divorce Before Marriage Consummation; title: 6) From Revocable to Irrevocable Divorce; title: 7) The Triple Divorce; title: 8) Figurative Pronouncements; title: 9) Miscellanea; title: E. The Agents of Divorce; title: 1. The Man’s Right to Divorce; title: 2. The Woman’s Right to Divorce and Marriage; title: 3. Dissolution; title: 4. Divorce or Marriage Dissolution by Mutual; title: 5. Consent; title: 6. Divorce or Marriage Dissolution by Judicial; title: 7. Process; title: F. The Consequences of Divorce; title: 1. Remorse-Elation; title: 2. ‘Iddah or Waiting Period; title: 3. Maintenance in the Waiting Period; title: 4. Custody of the Children; title: 5. Dowry Settlement; title: 6. Remarriage; title: 7. Concluding Remarks; title: 7 Succession and Inheritance; title: A. Social Implications of Inheritance; title: B. The General Characteristics of Inheritance in Islām; title: C. Basic Dimensions of the Law of Inheritance; title: 1. The Grounds of Inheritance; title: 2. Bars to Inheritance; title: a. The First Category; title: b. The Second Category; title: c. The Third Category; title: 3. Classes of Heirs; title: a. The Sunnī Scheme of Distribution; title: b. The Shī‘ī Scheme of Distribution; title: 4. Further Comments on Certain Issues; title: a. A Note on the Female Share; title: b. The Posthumous Relations of the Deceased to His Property; title: c. Recapitulation and Partial Conclusions; title: 8 Conclusion and General Discussion; title: Notes; title: Bibliography; title: Index