Most Muslims today either are not aware, or do not like to emphasize, the theoretical presumptions embedded in the Islamic jurisprudence of marriage law because they are quite far from contemporary sensibilities. Established Islamic marriage contract law uses the contract of sale as its basic conceptual framework—a model which leads to some uncomfortable conclusions about what is being sold and the role of women’s agency in that sale. Even more out of step with modernity is a historical context in which slavery and concubinage were socially acceptable. Because of their presumption that a man may legally have sex with his female slave, classical Muslim jurists draw an analogy between a marriage contract and a contract for sale of a concubine, using this analogy to work out the doctrinal details of the respective rights (sexual and otherwise) of a husband and wife.

What It Means

This is a placeholder explanation generated by the low-overhead model. It interprets "Most Muslims today either are not aware, or do not like to emphasize, the theoretical presumptions embedded in the Islamic jurisprudence of marriage law because they are quite far from contemporary sensibilities. Established Islamic marriage contract law uses the contract of sale as its basic conceptual framework—a model which leads to some uncomfortable conclusions about what is being sold and the role of women’s agency in that sale. Even more out of step with modernity is a historical context in which slavery and concubinage were socially acceptable. Because of their presumption that a man may legally have sex with his female slave, classical Muslim jurists draw an analogy between a marriage contract and a contract for sale of a concubine, using this analogy to work out the doctrinal details of the respective rights (sexual and otherwise) of a husband and wife." in the context of "— Asifa Quraishi-Landes (15 April 2016). "A Meditation on Mahr, Modernity, and Muslim Marriage Contract Law". Feminism, Law, and Religion. Routledge. ISBN 978-1-317-13579-1. p. 178" to mean that wisdom is timeless.