Отношения к брачному договору у тюрских и арабских народов

Аннотация

This article examines the differing attitudes toward marriage contracts in Turkic and Arab nations. While both share Islamic traditions, Arab societies have modernized the “nikah” to emphasize mutual consent and gender equity, blending traditional and legal principles and this institute remained solidly. The study highlights how these regions' marriage practices reflect broader cultural and legal dynamics, with recommendations for reintegrating modern marriage contracts to balance personal freedom with cultural traditions in Turkic societies. Keywords — Marriage contract, Turkic nations, Arab nations, tribal alliances, mutual consent, mahr, legal framework, cultural influence. The marriage contract, or nikah agreement, has been a critical legal and cultural instrument in many societies. However, its interpretation and implementation vary widely across different regions. Arab and Turkic countries, with their shared Islamic heritage, present unique contrasts in their approaches to marriage contracts due to differences in cultural practices, legal systems, and modernization efforts. Exploring attitudes toward the marriage contract in these regions is particularly relevant given the growing discourse on gender rights, legal reforms, and family structures in Muslim- majority countries. In recent years, there has been an increase of interest in how traditional Islamic practices, such as the marriage contract, align with contemporary legal frameworks and social norms in the Arab and Turkic world. The marriage contract plays a crucial role in defining the rights and obligations of spouses, and thus, understanding the attitudes toward it is essential for shaping family law reforms, gender equality policies, and personal freedom in these regions. Despite the shared religious foundation, significant variations exist in how marriage contracts are perceived and enforced across Arab and Turkic countries. While some nations have retained more conservative approaches to the contract, others have embraced reformist views that promote greater gender equality. There is a lack of comparative studies analyzing these differences, particularly in relation to how cultural, legal, and historical factors influence the social attitudes toward marriage contracts. Apart from that, there is a negative attitude toward marriage contract among Turkic nations that has to be altered. Furthermore, the existing literature often overlooks the perspectives of individuals from diverse social groups within these nations. This article aims to address these gaps by exploring how the attitudes toward marriage contracts in Arab and Turkic societies reflect broader social, legal, and cultural dynamics. Marriage contract in Arab Nations October, 2024 IIAU.UZ 221 International Islamic Academy of Uzbekistan Volume 5 | IIAU Conference 5 | 2024 Turkiy xalqlar madaniyati, falsafasi, aloqalari: tarix, bugun va kelajak Marriage contracts have long been central to Arab society, evolving from informal tribal agreements to modern legal documents shaped by both religious and civil principles. This article outlines these changes and the shifting attitudes toward marriage contracts over time. Before Islam, marriage contracts were seen primarily as tools for securing tribal alliances and managing wealth, with little regard for the rights or desires of women. Marriages were arranged by families, often for political or economic reasons, and women had no say in the agreement. The overall attitude was patriarchal, with the marriage contract serving more to protect property than to establish mutual rights. With the advent of Islam, attitudes toward marriage contracts changed significantly. Islam introduced the concept of marriage as a sacred contract that required mutual consent.[1] This was a major departure from the tribal view, as both the bride and groom had to agree to the union نَأ ٰٓلاَّ ِإ نَّ ُهومُ ُتيْ َتاءَ ٰٓامَ ضِ عْ َبِب ا ۟ وُبهَ ْذَتلِ نَّ ُهوُلضُ عْ َت لاَ وَ ۖ ا ه رْ كَ ءَ ٰٓاسَ ِ نلٱ ا ۟ وُثرِ َت نَأ مْ ُكَل لُّ حِ َي لاَ ا ۟ وُنمَ اءَ نَ يذِ َّلٱ اهَ ُّيَأٰٓـ َي ار يِثكَ ار يْ خَ هِ يِف ُللََّّ ٱ لَ َعجْ َيوَ ا ـ يْ شَ ا ۟ وُهرَ كْ َت نَأ ىٰٓ سَ َعَف نَّ ُهومُ ُتهْ رِ كَ نإِ َف ۚ فِ ورُ عْ مَ لْ ٱِب نَّ ُهورُ شِ اعَ وَ ۚ ة ٍۢ َنِ يَبمُّ ة ٍۢ شَ حِ ـ َفِب نَ يِتْأَي ١٩ O you who believe, it is not lawful for you that you should forcibly take women as inheritance. Do not hold on to them so that you may take away some of what you have given them, unless they commit a clearly shameful act. Live with them in the recognized manner. If you dislike them, then it is quite likely that you dislike something and Allah has placed a lot of good in it. (Quran 4:19)[2] Additionally, Islam emphasized the mahr, a dowry paid directly to the bride, marking a new respect for women’s financial independence ا ئيرِ مَّ ا ئيِنهَ ُهوُلُكَف اس فْ َن ُهنْ م ِ ء يْ شَ نعَ مْ ُكَل نَ بْ طِ نإِ َف ةَلحْ ِن نَّ هِ ِتاَقدُ صَ ءَ اسَ ِ نلا اوُتآوَ Give women their dower in good cheer.