نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
Marital relations in Islamic jurisprudence and law are governed by specific rulings and principles, which sometimes require reference to customary norms (ʿurf ). However, due to variations among customs, determining the standard ʿurf in certain cases poses challenges. This descriptive-analytical study, conducted using library resources, seeks to examine the jurisprudential and legal challenges stemming from customary differences in spousal relations. After reviewing jurisprudential and legal sources, it was concluded that customary disparities may arise either over time or due to the coexistence of multiple customs in a given period. In the first type of disparity, only a custom somehow endorsed by religious sources (sharʿ) can serve as the basis. In the second type, the standard ʿurf has four possible approaches: 1) consideration of the husband’s customary context, 2) consideration of the wife’s customary context, 3) consideration of both spouses’ combined context, or 4) adherence to the broader societal custom. The appropriate criterion must be derived from the evidence in each case.
کلیدواژهها English
