Mahar dan nafkah sebagai hak pemilikan harta wanita dalam konteks kesaksamaan gender

Awang, Abdul Bari and Awang Abd. Rahman @ Jusoh, Amilah (2015) Mahar dan nafkah sebagai hak pemilikan harta wanita dalam konteks kesaksamaan gender. TAFHIM: IKIM Journal of Islam and the Contemporary World, 8. pp. 63-95. ISSN 2231-7015

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Abstract

Of late, gender equity, in the sense of justice applicable to both men and women, has become a hotly debated issue. As one of the world’s major religions, Islam’s position on the issue has also been subject of scrutiny and unfortunately, on several occasions, has been viewed with suspicions and seen as unbalanced. Islam is often regarded as a religion that prioritises men over women; men seem to possess more rights not only in such cases as polygamy and marital divorce but also in the possession of wealth through inheritance. This article attempts to provide a balanced view on the aforementioned issue by exploring the rights of women as stipulated in Islam, especially the rights of wealth possession (ḥuqūq māliyyah) in the family as an institution. In general, the article examines whether or not the existing rights of women render them on a par with men in regard to wealth possession. Specifically, this article addresses issues of dowry (mahr) and maintenance (nafaqah), as well as their impacts in elevating women’s position. Being an analysis based on primary sources of Islam, namely, the Qurʾān, the sunnah of the Prophet, as well as classical scholars’ discussions, the article concludes that, as far as Islam is concerned, gender equity is indeed realisable on the conditions that womens’ rights in Islam are well understood and sincerely fulfilled by all parties involved.

Item Type:	Article (Journal)
Additional Information:	2040/48879
Uncontrolled Keywords:	Gender equity; rights of wealth possession; women; mahr; nafaqah; maintenance
Subjects:	H Social Sciences > HQ The family. Marriage. Woman K Law > KBP Islamic Law
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Kulliyyah of Islamic Revealed Knowledge and Human Sciences > Department of Fiqh and Usul al-Fiqh Kulliyyah of Islamic Revealed Knowledge and Human Sciences > Department of Usul al-Din and Comparative Religion
Depositing User:	Dr Abdul Bari Awang
Date Deposited:	15 Jan 2016 15:03
Last Modified:	15 Jan 2016 15:04
URI:	http://irep.iium.edu.my/id/eprint/48879

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