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Deciding on Behalf of the Woman in Shi'i Jurisprudence
Abstract
Shi‘i jurists of the classical and post-classical period agreed that in order to complete a marriage contract certain components must be met to ensure its validity. While jurists of the three sects, Zaydis, Isma‘ilis and Twelvers disagree on the essentiality of certain components, they all maintain that a contract must be drawn to validate the marriage. This paper seeks to address the disagreement (ikhtilaf) among these three sects in dealing with certain components of the marriage contract. The paper will focus on the language (sigha) of the contract, the dower (sadaq/mahr) and the presence of a marriage guardian (wali). Furthermore, the paper will show the internal disagreement and any inconsistency among jurists within each sect, particularly among Twelver Shi‘i jurists. Finally, the paper will evaluate the role of the woman in contracting her marriage and how much agency each sect granted her. Unlike Sunni schools, studies on marriage contract among the Zaydi, Isma‘ili and Twelver Shi‘i sects have been largely overlooked. This paper breaks away from this tradition and focuses instead on inter-debates on marriage among the three Shi‘i sects. In this paper, I contend that while Sunni and Shi‘i jurists agree on certain marriage components for the marriage of the adult virgin woman (bikr), the three Shi‘i sects: Zaydis, Isma‘ilis and Twelvers disagree on the essentiality of some of the marriage principles, mainly, the age of majority (bulugh), the need for a male wali, the language of the contract and the dower. This paper seeks to explore these issues among the three Shi‘i sects and its impact on the marriage of the adult virgin woman.
Discipline
Law
Geographic Area
All Middle East
Sub Area
Islamic Law