Islamic marital jurisprudence in the context of "Islamic sexual jurisprudence"

Islamic family jurisprudence (Arabic: فقه الأسرة الإسلامية, faqah al'usrat al'iislamia) or Islamic family law or Muslim Family Law is the fiqh of laws and regulations related to maintaining of Muslim family, which are taken from Quran, hadith, fatwas of Muslim jurists and ijma of the Muslims. It contains pubertal, marital, sexual, child upbringing, adoption and fostering, inheritance, criminal and other related subjects. The subject mainly discusses on foster relationship, marriage, divorce, Ila, li'an, Raj'ah, Khul', Zihar, Iddah, custody and maintenance of children etc. From the political aspects, Muslim family law is a part of almost every national constitution of the world regarding religious (Muslim) laws, especially of the Muslim-majority countries.

The Mudawana (or Moudawana, Arabic: المدوّنة, lit. 'code'), short for mudawwanat al-aḥwāl ash-shakhṣiyyah (مدونة الأحوال الشخصية, lit. 'personal status code'), is the personal status code, also known as the family code, in Moroccan law. It concerns issues related to the family, including the regulation of marriage, polygamy, divorce, inheritance, and child custody. Originally based on the Maliki school of Sunni Islamic jurisprudence, it was codified after the country gained independence from France in 1956. Its most recent revision, passed by the Moroccan parliament in 2004, was praised by human rights activists for its measures to address women's rights and gender equality within an Islamic legal framework.

Although there were calls for reform to the family law in the 1960s and 1970s, its religious origins made amending it a challenge, and no serious movement for reform emerged until the 1980s. As a result of newly created civil society organizations, including many women's organizations, and increased international attention on women's rights, modest reforms to the Mudawana were enacted in 1993 under King Hassan II. Following this initial change, increased activism resulted in the articulation of a Plan of Action for the Integration of Women in Development, which drew heavily from secular, rights-based frameworks. This sparked fierce debate and opposition within Moroccan political elites and, to a somewhat lesser extent, Moroccan society and culminated in two rallies in Casablanca and Rabat in March 2000 – one in support of reform and one in opposition to it. This occurred shortly after Mohammad VI succeeded his father as King, and within a year of the rallies, he announced the formation of a commission to further reform the Mudawana. In 2003, he announced his intention to replace the code entirely, citing his authority as both spiritual and political leader of the nation, and by January 2004, the Moroccan parliament had ratified the new version.

Traditional Sunni and Shia Islamic marital jurisprudence allows Muslim men to be married to multiple women (a practice known as polygyny)—up to four wives at a time under Islamic law—with the stipulation that if the man fears he is unable to treat more wives fairly he must marry only one. Marriage by a woman to multiple husbands (polyandry) is haram (forbidden).

Contemporary views on the practice vary. Some think it is no longer socially useful and should be banned (Rasha Dewedar). Some hold that it should be allowed only in cases of necessity (Muḥammad ʿAbduh). One school (Shafi‘i) has ruled it makruh: that is, Islamically allowed but discouraged. Still others feel it is part of the Islamic marriage system and that denying it is tantamount to denying "the wisdom of divine decree" (Bilal Philips and Jamila Jones).