Hakimi, Mohammad Naeem and Elshobake, Mohammed R. M. (2026) Nikāḥ al-Shighār and its impacts on Afghan society: a jurisprudential and legal study. International Journal of Fiqh and Usul al-Fiqh Studies, 10 (1). pp. 176-191. E-ISSN 2600-8408
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Abstract
Despite the clarity of the religious texts that prohibit Nikāḥ al-Shighār and Afghan law’s criminalization of this practice, it remains widespread in some regions of Afghanistan. This study examines the practice of Badal marriage (Nikāḥ al-Shighār) in Afghanistan, along with the related customary traditions, from both Islamic jurisprudential and legal perspectives. The research adopts an integrated methodology: the inductive approach to trace relevant religious texts and legal provisions, the analytical approach to interpret their implications and assess the influence of social customs on their application, and the comparative approach to identify points of convergence and divergence between Islamic jurisprudence and Afghan legislation, to provide a balanced vision that ensures family justice in light of both religious and legal principles. The findings reveal that the Badal marriage continues to exist in Afghanistan as a deeply rooted social custom, where the essential legal and religious conditions for a valid marriage are often neglected, despite efforts to align the practice with Islamic principles. The persistence of this phenomenon is driven by intertwined economic, cultural and legislative factors. To address the issue, the study proposes several recommendations, including religious solutions, legal solutions, and social and economic solutions
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