Dr Dube Edmore
Abstract: This paper examines the pertinent Quranic, Sunnah and Shariah Law sections that have bearing on Islamic marriage. These are examined in relation to dating, constitution of marriage, nature of marriage, divorce and remarriage. The Shariah Law is particularly important to this study because Islamic Law is the epitome of Islamic thought, the most typical manifestation of the Islamic way of life, the core and kernel of Islam itself. The Islamic marriage principles are interrogated in relation to their conformity with the compatible and non compatible carriers of HIV and AIDS. The Phenomenological method has been used to try to mitigate the a priori polemics from the West and apologetics from the East. Although the paper does not dwell on the antagonism per se it is clearly informed by it. Its final analysis shows that although the institutional norms stand on both sides of the divide, their current form is a radical metamorphosis of their Jahiliyyan counterparts. HIV and AIDS, however, oblivious of the vast improvements to the Jahiliyyan praxis may exploit the loopholes causing havoc in the roost, though not without an unfathomable moderation from the early abstinence and anti-adultery laws.
Keywords: : Responsibilities Law, zawj, talak, khul, temporary marriage, contraceptives