Establishment and criticism of the prophetic traditions about the family law, and their use by the leaders of legal sects

The purpose of this thesis is to find out the prophetic traditions which were used in the Islam Family Law, and to critize them, and to elaborate how these traditions were used by the legal sects. In the first Chapter, these following subjects were taken into consideration: The Definition of Marriage, its conditions and the words of Give and Take; Hindrances for Marriage; Virgin Girls' and Widows' Consent for Marriage on behalf of Women; Witnessess Presence in the Contract of Marriage; Proclamation of the Contract of Marriage, and finally, Qualification of Formal Contract of Marriage. The Second Chapter, titled Woman's Material Rights, deals with the following headings: Nuptial Gift; The Definition of the Term Nuptial Gift and its Legal Outcome, Kinds of Nuptial Gift and Its Portion; Conditions which necessitates Nuptial Gift; Unfulfillment of the Responsibility for Nuptial Gift. The Third and Final Chapter, elaborates the following subjects: Right for Sexual Relationship related with the subject, Woman's Other Rights Apart from Nuptial Gift and Alimony; Coitus Interruptus and Contraception; Woman's own disposal of her own belongings; Woman's disposal of her husband's belongings; and finally Good Treatment. In the Conclusion, we concluded our thesis by general assessment of whole subjects. Our research proved that considerable portion of sound traditions were interpreted according to custom ('urf), and some traditions used as proofs were considered as weak (daif). For the positions on which these is no any Qur'anic verse or Prophetic Tradition, legal judgement were given both for and against women. We believe that our research will help in the establishment of new understanding that records about women must be elaborated more carefully than ever. In this respect, we think that we had been in the service of future researchers by putting forward our thesis which was not taken enough consideration so far.