Islam, Culture, and Marriage Consent: Hanafi Jurisprudence and the Pashtun Context

This book explores whether cultural norms and beliefs in Pashtun Muslim communities in Khyber Pakhtunkhwa, Pakistan, have diverged from the principles of consent in Islamic law and jurisprudence. It finds that consent seeking in Pashtun culture does not reflect the spirit or intent of consent as described in Hanafī law and jurisprudence. The research contributes to a wider understanding of Muslim social, cultural, and religious practices in both Muslim majority nations and diaspora communities.

Format: Paperback / softback
Length: 296 pages
Publication date: 13 April 2023
Publisher: Springer Nature Switzerland AG

This book delves into an empirical exploration of consent-seeking among Pashtun Muslims residing in the Pakistani province of Khyber Pakhtunkhwa (KPK). Its primary objective is to assess whether cultural norms and beliefs have significantly departed from the principles of consent as outlined in Islamic law and jurisprudence. The author raises thought-provoking questions about the role of culture in the inevitable decay that Max Müller associates with every religion. Alternatively, the research presented herein can be rephrased to inquire whether cultural beliefs and practices are the inevitable decay to which Islam has been exposed in Muslim societies.

To accomplish this, the author conducts in-depth interviews with Muslims from both Pakistan and Australia, shedding light on various aspects of Muslim social, cultural, and religious practices. The research endeavors to distinguish cultural practices from both religious and universal legal principles, highlighting how consent seeking in Pashtun culture often deviates from the spirit and intent of consent as defined in Hanafī law and jurisprudence.

This research holds significant appeal to students and scholars specializing in sociology, anthropology, socio-legal studies, and law, particularly those interested in exploring Islamically-justified law reform within Muslim nation-states. By examining the interplay between cultural norms, religious beliefs, and legal principles, this study contributes to a deeper understanding of the complex dynamics shaping Muslim societies and offers valuable insights into the challenges and opportunities associated with promoting consent-based practices within Islamic contexts.

Weight: 425g
Dimension: 210 x 148 (mm)
ISBN-13: 9783030972530
Edition number: 1st ed. 2022