The Fatwas of the International Islamic Fiqh Academy in Jeddah on Personal Status Issues Related to Women: An Analytical Jurisprudential Study of the Rulings on Marriage and Divorce

Dr. Nahed Kanaan

(pp: 103–158)

Director of the Youth Department, Kafr Qara

Last Issue – Volume 7, Issue 4

Abstract: This study examines the fatwas issued by the International Islamic Fiqh Academy (IIFA) concerning women’s personal status, considering them a model of contemporary jurisprudential reasoning that seeks to reconcile Sharia texts with the demands of social reality. The study highlights the Academy’s flexibility in addressing issues of marriage, divorce, alimony, custody, and guardianship, while adhering to the higher objectives (maqāṣid) of Sharia and promoting social justice, particularly in cases such as khulʿ (divorce initiated by the wife), separation due to harm, and domestic violence. The study also identifies gaps in the practical application of fiqh, particularly regarding nushūz (marital disobedience), daʿwā al-ṭāʿah (the legal claim for a wife’s obedience), and the deprivation of women from financial guardianship and custodianship. These gaps necessitate a broader review of classical jurisprudence and the development of legislative and judicial mechanisms that respond to societal transformations. The study concludes that contemporary ijtihād is both a religious and social imperative for building a just and balanced family system. Such ijtihād contributes to the protection of women’s rights and the stability of Muslim societies and underscores the need for ongoing analytical research to assess and enhance the positions of Islamic jurisprudential councils in this domain.

Keywords: Women’s Fiqh; Fatwas of the International Islamic Fiqh Academy; Marriage; Divorce; Qiwāmah (Spousal Authority); Women’s Rights; Personal Status Law; Contemporary Ijtihād.

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