Eliminating the discrepancy between the Sharia and Custom on the Marriage between relatives

رفع التعارض بين الشريعة والعرف في الزواج بين الأقارب

Abstract

Abstract

This article is under the topic: “Eliminating the discrepancy between the Sharia and Custom on the Marriage between relatives”.

The Islamic sharia pays attention to the topic of marriage and makes it a great contract. Through the marriage contract, is psychological tranquility, compassion, affection and reassurance. Marriage is the only way to produce legitimate children, bring them up and preserve lineage.

Whereas marriage is legal, some women are illegal for marriage, yet others are legal and left for men to choose whether to marry them or not, and these include; cousins.

Majority of the Muslim scholars have agreed and firmly established that marriage between relatives, is legal in the Islamic sharia. Due to this fact, many societies have preferred this marriage and special focus is given to the marriage of cousins, in order to protect family name, strengthen their relations and preserve family wealth, so that it is not transferred to foreigners by wives through inheritance. 

However, the reality in Ugandan society is contrary to that, since culture of the Ganda tribe and many other tribes view the marriage of cousins as incest and consequently, strongly prohibit it.

As a result of the above, some sheikhs (preachers) started the call for strict adherence to the sharia provision, that legalizes the marriage of cousins, to allow Muslims exercise their liberty to marry women of their choice within the sharia limits, and circumvent prohibiting what Allah prescribed. This has raised concern in the community which has been accustomed to the former.

This scholarly research article seeks to address and resolve the discrepancy between the Islamic law (Sharia) and traditional practice (custom), regarding marriage between relatives, in light of jurisprudence of the reality, and in consideration of the higher sharia objectives.