Droit personnel musulman

Ce guide concis et pratique, Droit personnel musulman, offre une vue d'ensemble structurée des principes régissant la charia et les grandes étapes de la vie : naissance, enfance, mariage, divorce, décès et succession. Tout en reconnaissant l'impossibilité intrinsèque d'une codification exhaustive de l'islam, cet ouvrage présente un répertoire fiable des jalons juridiques islamiques, fondé sur des siècles d'application pratique et d'expérience vécue.

Ta Ha Publisher

• Hashim Mahdi

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MusLIM PERSONAL LAW
HASHIM MAHDI
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MUSLIM PERSONAL LAW deals with some aspects of Muslim civil law which historically have been implemented both under Muslim and non-Muslim colonial rule. This book is for anyone who wishes to acquire more than a superficial knowledge of the subject. It summarises comprehensively those aspects of the Shari'ah that govern the most fundamental personal relationships in a straightforward way. It represents one of the mainstream Sunni attempts to codify these aspects of Islamic law, based on centuries of practical application and experience, relying mainly on the Hanafi madhhab.
As such, although it is as impossible to codify Islam as it is to codify life itself, it nevertheless provides the reader with a reliable checklist of the identifiable features of the Shari'ah which govern the fundamental milestones in life which most people experience during their life's journey: birth, childhood, marriage, divorce, death and inheritance.
DR HASHIM MAHDI was born and educated in the Kingdom of Saudi Arabia obtaining his PhD in the US and further qualifica- tions in the UK. He is a fellow of the Islamic Academy, Cambridge and has been associated with the Muslim World League in various capacities for almost two and a half decades, currently holding the post of International Strategics Expert. He is at present visiting professor at the University of Paris-Sorbonne besides working on curriculum design for Dar al-Fikr secondary schools in Jeddah and working in cooperation with Umm al-Qura University in Makkah. He is the author of a number of books which have been published in Arabic, French and English.
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Foreword
Preface
Dedication
Introduction
CONTENTS
PART ONE: MARRIAGE
Chapter 1: Marriage And Betrothal
Chapter 2: Essentials And Conditions Of The Marriage Contract
Section I: Consent and Announcement
Section II: Competence
Section III: Guardianship of Marriage
Section IV: Equality (Kafa'ah) in Marriage
Section V: The Prohibited Degrees of Women A - Permanent Prohibition
B-Temporary Prohibition
Section VI: Marriage Procedure
A - Procedure Preliminary to the Conclusion of a Marriage Contract
B-Contract Procedure
Section VII: Kinds of Marriage and Rules
Regarding Them
Chapter 3: The Effects Of Marriage
Section I: The Dowry
Section II: Residence
Section III: Maintenance
A- Marital Maintenance
B - Maintenance During Idda (the Mandatory Waiting Period Before Remarriage)
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INTRODUCTION
ORDER to understand the significance of Dr Hashim Mahdi's book, Muslim Personal Law, it is important to be aware of the legal it's
We live in a society where some jurists argue that man-made laws should be in harmony with divinely revealed laws, while others who believe neither in God nor divine revelation insist that 'divinely revealed' laws should only be tolerated if they do not conflict with secular laws. Secular jurists speak about man-made laws as if they were divinely revealed while referring to divinely revealed laws as if they were man-made.
We live in a society which in the last hundred has changed years almost beyond recognition. The European countries which used to be ruled by Christian monarchs are now governed by secular democratic systems, with the bank replacing the cathedral as the most imposing building in the city. Similarly, there is hardly a Muslim left on the face of the earth today who knows what it is like to be governed by a khalif, or by a ruler appointed by a khalif, the most recent of whom was Sultan Abdulhamid II, who was deposed on 6th Rabi' ath-Thani 1327/27th April 1909. As with the cathedral, the central mosque is now dominated by the central bank.
In the modern brave new world, there is not a single country that can accurately assert that all of its laws are in harmony with divinely revealed laws.
During the last hundred years, rule in accordance with the Shari'ah of Islam under the Ottoman Empire has disappeared, while rule under its successor, the Bankers' Empire, is itself currently on the verge of collapse.