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A comparison of the historical background of Islamic and Western marriage laws

Abstract

This paper delves into the historical evolution of marriage laws within the Islamic and Western contexts, highlighting the distinctive cultural, religious, and socio-political factors that have shaped each system. By examining the historical background, this comparative study aims to elucidate the divergent paths taken by Islamic and Western societies in regulating marriage and family life.In the Islamic tradition, marriage is deeply rooted in religious teachings, with Quranic principles and Prophetic traditions serving as the foundation for legal frameworks governing marital relationships. The concept of marriage as a sacred bond ordained by God, encompassing rights and responsibilities for both spouses, has influenced Islamic jurisprudence throughout history. The evolution of Islamic marriage law reflects a balance between religious injunctions, customary practices, and socio-cultural norms, adapting to diverse regional contexts while retaining core principles of equity and justice.Contrastingly, the development of Western marriage laws has been influenced by a complex interplay of religious, philosophical, and legal traditions. From the Roman institution of marriage to the Christian sacrament and subsequent secularization, the Western conception of marriage has undergone significant transformations over centuries. Legal codes, such as those derived from Roman law, canon law, and later civil law, have shaped the contractual nature of marriage, emphasizing individual rights, property, and inheritance.This analysis explores key historical milestones, including the codification of marriage laws, the impact of colonialism and globalization, and contemporary debates surrounding marriage equality and gender rights. While both Islamic and Western traditions have sought to regulate marital unions and family structures, they have diverged in their approaches, reflecting distinct worldviews and social norms.By examining the historical trajectories of Islamic and Western marriage laws, this study contributes to a deeper understanding of the cultural, religious, and legal dynamics that continue to influence contemporary debates and practices surrounding marriage and family life in diverse societies.