The impact of verses of legal rulings on family jurisprudence: Verses on marriage and divorce by choice

Abstract

The Islamic jurisprudential system is profoundly influenced by the teachings of the Qur'an, with one of the most prominent areas of this influence being family jurisprudence. The Qur'anic verses, which include religious rulings either directly or indirectly, form the foundation of Islamic jurisprudence. Among these verses, those addressing marital relations, marriage, divorce, `iddah (waiting period), and the rights and duties of spouses play a fundamental role in organizing family jurisprudence.

This article, using an analytical approach and focusing on verses related to marriage and divorce, aims to study the extent and manner in which these verses influence the formulation and interpretation of family jurisprudential rulings. The research, drawing on trusted tafsir sources and both Shiite and Sunni jurisprudential references, shows that a significant portion of rulings on marriage and divorce are derived from Qur'anic verses, serving as a basis for juristic ijtihad in this field.

The first part of the article explains key concepts such as the verses of rulings, family jurisprudence, and the status of the Qur'an as evidence in jurisprudence. Then, by identifying and classifying the verses related to marriage and divorce, the researcher attempts to present a clear scope of these verses. Among the most influential are verses 221, 232, 235, and 240 from Surah Al-Baqarah, verse 4 from Surah An-Nisa, and the entire Surah At-Talaq.

The second part discusses how jurists approach these verses. For example, Shiite jurists interpret the verse "Men are caretakers (qawwamun) over women" (Surah An-Nisa: 34) differently regarding the rights and duties of spouses than Sunni jurists, leading to differences in some family rulings. Jurisprudential differences also arise from the interpretation of these verses in matters such as irrevocable divorce (talaq ba'in), revocable divorce (talaq raj'i), contractual conditions, the `iddah after death, and divorce before consummation.The article's findings show that the verses of rulings do not only play a central role in forming family jurisprudence but also constitute the foundation for many legal rules in Islamic legal systems. These verses, distinguished by comprehensiveness, wisdom, and guidance, provide a reliable framework for regulating family relations, which has been used and relied upon throughout the history of Islamic jurisprudence. Finally, the article emphasizes that revisiting and reinterpreting the marriage and divorce verses in light of contemporary social developments can contribute to updating family jurisprudence and resolving existing legal challenges. It also calls for developing interdisciplinary research in the fields of tafsir, jurisprudence, and family law, focusing on these verses to ensure the Islamic family system remains firmly grounded in the Qur'an.