International Islamic Academy of Uzbekistan
Volume 5 | IIAU Conference 5 | 2024
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TURK VA ARAB XALQLARINING NIKOH SHARTNOMASIDA
BO‘LGAN MUNOSABATLARI
HASANOVA Dilzodaxon
O‘zxia 3-bosqish bakalavri
Ilmiy rahbar: Shaxzoda RASHIDOVA
O’zbekiston xalqaro islom akademiyasi katta o‘qituvchisi, PhD.
Annotatsiya. Maqolada turk va arab davlatlaridagi nikoh shartnomalariga
bo‘lgan turli munosabatlari ochib beriladi. Har ikki mintaqa islomiy anʼanalarga
asoslangan bo‘lsada, arab jamiyatlarida “nikoh” mexanizatsiyalashtirilgan, u o‘zaro
rozilik va gender tengligi asosida modernizatsiya qiligan va bu institut hozirgacha bu
davlatlarda mustahkamligini saqlab qolgan. Tezis ushbu mintaqalarning nikoh
amaliyotlari kengroq madaniy va huquqiy dinamikani aks ettirishini ochib beradi va
turkiy jamiyatlarda shaxsiy erkinlik bilan madaniy anʼanalarni muvozanatlashgan
holda zamonaviy nikoh shartnomalarini qayta integratsiya qilish bo‘yicha tavsiyalar
beradi.
Kalit so‘zlar — Nikoh shartnomasi, turkiy davlatlar, arab davlatlari, qabila
ittifoqlari, o‘zaro rozilik, mahr, huquqiy asoslar, madaniy taʼsir.
ОТНОШЕНИЯ К БРАЧНОМУ ДОГОВОРУ У ТЮРСКИХ И
АРАБСКИХ НАРОДОВ
Аннотация. В этом статьи рассматриваются различия в отношении к
брачным контрактам в тюркских и арабских странах. Несмотря на общие
исламские традиции, арабские общества модернизировали «никах», акцентируя
внимание на взаимном согласии и гендерном равенстве, сочетая традиционные
и правовые принципы, благодаря чему этот институт остался прочным.
Исследование подчеркивает, что брачные практики этих регионов отражают
более широкие культурные и правовые процессы, и предлагает рекомендации по
реинтеграции современных брачных контрактов в тюркских обществах для
достижения баланса между личной свободой и культурными традициями.
Ключевые слова — Брачный контракт, тюркские страны, арабские
страны, племенные союзы, взаимное согласие, махр, правовая система,
культурное влияние.
THE ATTITUDES TOWARDS THE MARRIAGE CONTRACT OF
TURKIC AND ARAB NATIONS
International Islamic Academy of Uzbekistan
Volume 5 | IIAU Conference 5 | 2024
Turkiy xalqlar madaniyati, falsafasi, aloqalari: tarix, bugun va kelajak
October, 2024 IIAU.UZ
221
Abstract. 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
International Islamic Academy of Uzbekistan
Volume 5 | IIAU Conference 5 | 2024
Turkiy xalqlar madaniyati, falsafasi, aloqalari: tarix, bugun va kelajak
October, 2024 IIAU.UZ
222
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
ه ْرَك َءٰٓاَسِ نلٱ ۟اوُث ِرَت نَأ ْمُكَل ُّل ِحَي َلا ۟اوُنَماَء َنيِذَّلٱ اَهُّيَأٰٓ ـَي
نَأ ٰٓ َّلاِإ َّنُهوُمُتْيَتاَء ٰٓاَم ِضْعَبِب ۟اوُبَهْذَتِل َّنُهوُلُضْعَت َلاَو ۖ ا
ْيَش ۟اوُهَرْكَت نَأ ٰٓ ىَسَعَف َّنُهوُمُتْه ِرَك نِإَف ۚ ِفوُرْعَمْلٱِب َّنُهوُرِشاَع َو ۚ ٍۢ ةَنِ يَبُّم ٍۢ ةَش ِح ـَفِب َنيِتْأَي
ريِثَك ا رْيَخ ِهيِف ُ َّللَّٱ َلَعْجَي َو ا ـ
ا
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 ئي ِرَّم ا ئيِنَه ُهوُلُكَف ا سْفَن ُهْنِ م ءْيَش نَع ْمُكَل َنْبِط نِإَف ةَلْحِن َّنِهِتاَقُدَص َءاَسِ نلا اوُتآ َو
Give women their dower in good cheer. Then, if they forego some of it, of
their own will, you may have it as pleasant and joyful.
(Quran 4:4)[2] The
community’s attitude shifted to view marriage as a partnership with clear rights and
responsibilities for both spouses. The marriage contract was no longer just about
wealth and alliances; it became a way to protect women's rights and ensure fairness in
the relationship. The ability to stipulate conditions in the contract—such as the right to
work or divorce—further empowered women and transformed societal views on
marriage.
In modern Arab nations, attitudes toward marriage contracts reflect a balance
between traditional and contemporary values. There is a recognition of the contract’s
religious significance, but also an understanding of the evolving social roles of men
International Islamic Academy of Uzbekistan
Volume 5 | IIAU Conference 5 | 2024
Turkiy xalqlar madaniyati, falsafasi, aloqalari: tarix, bugun va kelajak
October, 2024 IIAU.UZ
223
and women. This has led to diverse attitudes based on the country’s legal framework
and cultural influences:
1. Egypt: In Egypt, the marriage contract remains a blend of civil and religious
principles, with women increasingly empowered to negotiate terms, including rights to
work or study. The societal attitude toward marriage contracts has evolved to embrace
these negotiations as a standard part of the process, reflecting a growing respect for
women's autonomy.
2. Tunisia: Tunisia is one of the most progressive Arab nations in terms of
marriage law, with attitudes reflecting a strong commitment to gender equality. The
marriage contract, guided by the Code of Personal Status, ensures equal rights for men
and women. Tunisian society views marriage contracts as instruments for enforcing
fairness and protecting personal freedoms, especially for women.
3. United Arab Emirates (UAE): The UAE reflects a flexible attitude toward
marriage contracts, with a legal system that allows couples to negotiate terms while
adhering to Sharia law. There is an increasing societal acceptance of women including
conditions in the marriage contract, such as the right to work, marking a shift toward
more equal partnerships.
The UAE Personal Status Law outlines the requirements for a valid marriage
contract in Articles 39-49. Key provisions include:
• Consent: Both parties must consent freely to the marriage.
• Guardian (Wali): A guardian's approval is required for Muslim women.
• Witnesses: Two male Muslim witnesses must be present.
• Dowry (Mahr): A dowry is mandatory from the groom to the bride.
• Legal Age: Both parties must be at least 18 years old.
• Registration: The marriage must be registered for legal recognition.[3]
Today, marriage contracts in Arab nations are seen as key tools for protecting
rights and ensuring fairness in marriage, reflecting more progressive attitudes toward
gender equality. The mahr and other stipulations in the contract provide financial
security and personal autonomy. Societal attitudes have generally shifted to view these
protections as essential, reflecting a growing respect for women’s rights in
marriage.[4] The requirement for mutual consent, enshrined in Islamic law, continues
to shape positive attitudes toward marriage contracts. It is widely accepted that both
parties should willingly enter the marriage, a view that contrasts sharply with pre-
Islamic practices.[1] Modern marriage contracts allow for considerable flexibility,
including conditions that protect individual rights. This adaptability is viewed
positively by many, as it reflects changing social values while maintaining religious
International Islamic Academy of Uzbekistan
Volume 5 | IIAU Conference 5 | 2024
Turkiy xalqlar madaniyati, falsafasi, aloqalari: tarix, bugun va kelajak
October, 2024 IIAU.UZ
224
integrity.[5] Marriage contracts today include provisions for divorce and property
division, ensuring fairness and legal protection for both spouses. These legal
safeguards have fostered positive attitudes toward marriage contracts as essential
documents that promote equality and justice in family life.[6]
Marriage contracts in Arab societies have evolved from tribal agreements to
formalized, legally binding documents that enshrine rights and responsibilities. Islamic
reforms revolutionized the contract by emphasizing mutual consent and women’s
rights, a legacy that continues to influence modern practices. Attitudes toward
marriage contracts have shifted from viewing them as tools for controlling property to
seeing them as instruments for fairness, partnership, and equality. Whether in
progressive or more conservative nations, marriage contracts remain central to Arab
family life, blending tradition with modern values.
Marriage contracts in Turkic Nations
In Turkic nations, the institution of marriage has undergone significant
transformations before and after the advent of Islam, reflecting cultural and socio-
political changes. Traditionally, marriage contracts among Turkic peoples were
informal agreements based on mutual consent, family negotiations, and customary
practices, often characterized by the exchange of gifts and the establishment of familial
ties.[7]
In pre-Islamic Turkic societies, marriage contracts were informal, with attitudes
focused on family and clan alliances rather than individual choice. The emphasis was
on economic exchanges, like the bride price (kalym), and strategic marriages that
bolstered inter-tribal relationships. For many, marriage was less about personal
relationships and more about the strength of familial bonds, with little concern for
mutual consent.[7] This approach reinforced patriarchal norms, with little room for
individual autonomy, particularly for women.
The introduction of Islam in the 8th century formalized the marriage process, and
the Islamic “nikah” contract shifted the focus to mutual consent and religious
obligations. Islamic law reshaped attitudes by emphasizing the protection of women’s
rights through the “mahr” (dowry) and giving women legal status within the marriage.
In Uzbekistan and Azerbaijan, the shift was gradual but significant; marriage became a
formal religious and legal obligation, which changed how families approached the
institution. While Islam granted women more rights, marriage contracts still remained
largely patriarchal, as the family continued to play a dominant role in arranging
marriages.[8] The widespread adoption of the “nikah” contract reflected the growing
importance of individual consent, yet it was still mediated by family interests.
International Islamic Academy of Uzbekistan
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The Soviet Union's secularization policies gradually influenced marriage
practices in Kazakhstan, Kyrgyzstan, and Uzbekistan. Soviet ideology supported
gender equality and gently encouraged a move away from traditional patriarchal views
of marriage, which were seen as less modern. Civil marriage became more common,
while religious ceremonies like the "nikah" played a smaller role. The state encouraged
the idea that individuals, particularly women, should have more freedom to choose
their partners, aiming to reduce the reliance on arranged marriages. This change
promoted a greater emphasis on personal choice, especially in urban areas. However,
in rural regions, traditional customs remained strong, and arranged marriages
continued to be practiced, reflecting a gradual transition between evolving legal
frameworks and deeply rooted cultural traditions.[9]
Today, attitudes toward marriage contracts in Turkic nations reflect a complex
blend of Islamic, Soviet, and modern influences. In Kazakhstan and Uzbekistan,
younger generations increasingly view marriage as a personal choice, often opting for
civil marriages that prioritize love and compatibility over familial arrangements.
However, traditional attitudes remain strong in rural areas, where families still play a
significant role in marriage negotiations, and arranged marriages are viewed as
preserving cultural values.[10] Many families in Uzbekistan and Azerbaijan now
incorporate both civil and religious contracts, reflecting a hybrid approach that seeks to
balance personal freedom with cultural and religious traditions.
Before the Soviet Union's influence, the marriage contract in Turkic countries
was a cornerstone of marital success, acting as a formalized agreement that ensured
clear roles, obligations, and mutual consent between families. This institution helped
maintain strong familial bonds and upheld cultural values, fostering stable marriages
rooted in tradition and social responsibility. However, the Soviet era’s push for
secularization and civil marriage led to the diminishing role of traditional marriage
contracts, disconnecting families from these age-old practices. Reestablishing the
marriage contract in modern Turkic societies could restore its original benefits,
offering a structured framework for marriages that balances individual rights with
cultural heritage. By reintegrating this institution, Turkic nations could enhance family
stability, protect rights, and strengthen the social fabric, ensuring that marriages reflect
both personal autonomy and communal values.[9]
Summary
The article examines the contrasting attitudes towards marriage contracts in Arab
and Turkic nations, highlighting their cultural and legal significance in shaping family
dynamics and gender rights. In Arab countries, marriage contracts, known as “nikah”,
International Islamic Academy of Uzbekistan
Volume 5 | IIAU Conference 5 | 2024
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October, 2024 IIAU.UZ
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are crucial for protecting women's rights and ensuring fairness in marital relationships.
These contracts have evolved from informal agreements into legally binding
documents that emphasize mutual consent and flexibility, reflecting contemporary
societal values and a growing recognition of gender equality.
Conversely, Turkic nations have seen a decline in the relevance of marriage
contracts, particularly after the Soviet era, which emphasized secular civil marriages
over traditional practices. This shift has often prioritized individual autonomy,
resulting in a disconnection from cultural heritage and the diminishing role of family
in marriage decisions. Despite a growing preference among younger generations in
Turkic countries for civil marriages based on love and compatibility, traditional values
and practices continue to exert significant influence, especially in rural areas.
The article argues that reintegrating marriage contracts into the social framework
of Turkic nations could provide a means to balance personal freedom with cultural
traditions. By embracing modern interpretations of marriage contracts, Turkic societies
could foster greater family stability and promote gender equality, while still respecting
their rich cultural heritage. This approach could lead to a more nuanced understanding
of marriage that honors both individual rights and communal values, ultimately
enriching the social fabric of Turkic nations.
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1.
The Islamic Marriage Contract: Case Studies in Islamic Family Law", edited
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2.
The meaning of The Noble Quran with explanatory notes. Translation Mufti
Muhammad Taqi Usmani. // Maktaba Marifatul Quran Karachi. // 2016. – P – 56-57 p
1262
3.
Federal Law of 2005 Regarding personal status 39-49. Articles 362
4.
Suad Joseph, "Marriage and Family in the Middle East" // (2012) – P - 101-
103 p 370
5.
Abdullahi An-Na'im, "Islamic Family Law in a Changing World: A Global
Resource Book". // Zed Books (2002) – P - 140-145 p 320
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Aziza Al-Hibri’, "Gender, Justice, and Law in the Arab World" // (2017) – P -
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