A study of Imāmī Islamic law, gender and soteriology; marriage and divorce as technologies of the self. / This dissertation explores marriage in Muslim Imāmī juristic law as an embodiment of a set of practices that are aimed at cultivating the pious and virtuous self. As a ritual practice for mainstream Imāmī jurists, marriage (and its corollary activities, e.g. sex) was a mode of pietistic self-fashioning and hence a technology of the self. When faced with the strong possibility or inevitability of marital breakdown, and the sexual sins that may have come about as a result of this breakdown, Imāmī jurists opted for creating a space for women’s prerogative to divorce in which the marriage could end whilst still upholding Islam as a program for the circumvention of sin and the production of īmān. Divorce, in this sense, can be thought of as a safety mechanism and extension of marriage’s program for the nurturing of a pietistic psychology in men and women. The textual and gendered discourse of juristic law was therefore aimed at creating a legal program for individuals so as to maintain the normative Muslim’s ontological bond with God through a series of regulations, disciplines, bodily practices and juristically permitted gendered power inversions that promoted soteriological success.
This study argues that the primary concern of Imāmī jurists was not to maintain a gendered hierarchy as the current dominant scholarship holds, but to prevent sin, especially zinā, the corruption of the qalb (metaphysical heart) and ultimately avoid damnation in the Hereafter. For Imāmī jurists, marriage was not just a procedural practice of rights and duties, but a mode of self-development and a platform through which an eschatological battle against sexual sin and the Devil took place in.
When patriarchy, or more specifically, asymmetrical power relations between (actual/potential) wives and husbands (or guardians) conflicted with the soteriological aims of juristic discourse, the former was inverted. The study concludes that maintaining gender hierarchy was not integral to the cosmology of juristic practice (even in its premodern discourse); it was maintaining the normative believer’s ontological bond with God and saving him/her, as well as the believing community, from damnation. Theological concerns for salvation - and the cultivation of the pious self that made salvation possible – is what animated Imāmī juristic discourse and not patriarchy whether it was obtained from the source-texts (Qur’an, ḥadīth) or social custom (ʿurf).
This study undertakes this task by observing six key areas in the Imāmī tradition where notions of salvation and spiritual ontology in marriage/divorce figure the most prominently: juristic preliminaries on marriage and zinā, interfaith marriage, prepubescent marriage, temporary marriage with zānīyahs, nushūz and khulʿ divorce. / Thesis / Doctor of Philosophy (PhD)
| Identifer | oai:union.ndltd.org:mcmaster.ca/oai:macsphere.mcmaster.ca:11375/21070 |
| Date | January 2017 |
| Creators | Tabrizi, Taymaz |
| Contributors | Takim, Liyakat, Rothenberg, Celia, Fadel, Mohammad, Religious Studies |
| Source Sets | McMaster University |
| Language | English |
| Detected Language | English |
| Type | Thesis |
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