While western-derived legal codes have superseded Islamic law in many parts of the Muslim world, Islamic, Koran-based law still retains its force in the area of marriage and family relations, the area that is key to the status of women. This work makes available for the first time in English three compilations of responses to questions about family law given by two prominent Muslim jurists of the ninth century (third century of Islam)—Ahmad b. Hanbal, the eponymous founder of the Hanbali rite of Sunni Islam (the one dominant in Saudi Arabia), and Ishaq b. Rahwayh. These compilations are basic sources for the study of the development of legal thinking in Islam.

The introduction to the translation locates the compilations in a historical context and elucidates how the various issues of family law are treated. An appendix contains a collation of the significant variants among the manuscripts and printed versions of the Arabic texts. The volume concludes with a topical index and an index of names.

It is often said that marriage in Islamic law is a civil contract, not a sacrament. If this is so, this means that the marriage contract is largely governed by the same rules as other contracts, such as sale or hire. But at the same time marriage is a profound concern of the Islamic scriptures of Qur’an and Sunna, and thus at the very core of the law and morality of Islam and of the individual, familial, and social life of Muslims. This volume collects papers from many disciplines examining the Muslim marriage contract. Articles cover doctrines as to marriage contracts (e.g., may a wife stipulate monogamy?); historical instances (e.g., legal advice from thirteenth-century Spain); comparisons with Jewish and canon law; contemporary legal and social practice; and projects of activists for women worldwide.

Demonstrating a new and powerful focus for comparative and historical inquiries into Islamic law and social practices, this book marks a fresh point of departure for the study of Muslim women.

What did it mean to be a wife, woman, or slave in a society in which a land-owning woman was forbidden to lay with her male slave but the same slave might be allowed to take concubines? Jurists of the nascent Maliki, Hanafi, and Shafi‘i legal schools frequently compared marriage to purchase and divorce to manumission. Juggling scripture, precedent, and custom on one hand, and the requirements of logical consistency on the other, legal scholars engaged in vigorous debate. The emerging consensus demonstrated a self-perpetuating analogy between a husband’s status as master and a wife’s as slave, even as jurists insisted on the dignity of free women and, increasingly, the masculine rights of enslaved husbands.

Marriage and Slavery in Early Islam presents the first systematic analysis of how these jurists conceptualized marriage—its rights and obligations—using the same rhetoric of ownership used to describe slavery. Kecia Ali explores parallels between marriage and concubinage that legitimized sex and legitimated offspring using eighth- through tenth-century legal texts. As the jurists discussed claims spouses could make on each other—including dower, sex, obedience, and companionship–they returned repeatedly to issues of legal status: wife and concubine, slave and free, male and female.

Complementing the growing body of scholarship on Islamic marital and family law, Ali boldly contributes to the ongoing debates over feminism, sexuality, and reform in Islam.