Jurisprudential (Fiqh) Maxims Governing the Legal Qualification of Prospective Spouses for Marriage: An Analytical Study of Premarital Preparation Programs in Contemporary Islamic Jurisprudence
Abstract
This study examines the principal jurisprudential maxims (al-qawāʿid al-fiqhiyya) that govern the legal qualification and preparation of prospective spouses for marriage, with particular reference to contemporary premarital preparation programs for engaged couples.In light of the growing social and familial challenges affecting marital stability, such programs have emerged as a modern response aimed at strengthening marital awareness, responsibility, and harmony within the family unit.The research begins by clarifying the concept of jurisprudential maxims, outlining their definitions, classifications, evidentiary authority, and methodological role in deriving legal rulings for new and emerging issues.It then presents an overview of premarital preparation programs, including their objectives, educational content, and practical dimensions, highlighting their relevance to contemporary Muslim societies.Subsequently, the study identifies and analyzes a set of overarching fiqh maxims that may be invoked to regulate and assess the legitimacy of such programs, including maxims related to public interest (maṣlaḥa), prevention of harm, facilitation, and consideration of outcomes (maʾālāt).Through an analytical and deductive methodology, the research demonstrates how these maxims provide a coherent legal framework for evaluating premarital preparation initiatives.The study concludes that the original legal ruling regarding the establishment and participation in premarital preparation programs is permissibility, and in many cases recommendation, due to their role in safeguarding marital stability and reducing social harm.Furthermore, the ruling may rise to the level of obligation if the competent authority mandates such programs in pursuit of a recognized public interest.The research affirms the flexibility and relevance of Islamic jurisprudence in addressing contemporary social needs through established juristic principles.
Fields of Study & Subjects
Marriage and Family Dynamics
Family and Matrimonial Law
Qur’anic Interpretation Studies
Publication details
- Journal / source
- Science Education and Innovations in the Context of Modern Problems
- Volume
- 9
- Issue
- 1
- Pages
- 1400–1408
- Publication date
- 2 January 2026