Legal entitlements of wives in the classical islamic family law

Yelwa, Mansur Isa and Mohd Zin, Najibah (2015) Legal entitlements of wives in the classical islamic family law. Journal of islam, law and judiciary, 1 (1). 22-44. ISSN 2411-4936

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Abstract

This paper addresses the presupposition that without the codified laws of modern Islamic family law, women would end up wandering in pursuance of their legal entitlements in marriage as no concern was given to their rights in the classical law. It proves that such codified laws that protect the conjugal rights of women were extracted from the classical texts of Islamic jurisprudence. Accordingly, the paper brings forth a set of Shari’ah rulings on wives’ rights in the absence of a regulated family law framework for concerned jurisdictions. Textual authorities and juristic dicta are translated, quoted and vividly analyzed comparatively, outlining the diversity of Islamic law within its various Schools of Thought. Legal entitlements covering maintenance, clothing, shelter, sexual relations and other essentials are discussed in depth. Keywords: Classical law; Marriage; Women; Rights; Jurists

Item Type:	Article (Journal)
Additional Information:	665/47816
Uncontrolled Keywords:	classical law; marriage; women; rights; jurists
Subjects:	K Law > KBP Islamic Law
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law
Depositing User:	Prof. Dr Najibah Mohd Zin
Date Deposited:	08 Jan 2016 15:35
Last Modified:	23 May 2018 09:49
URI:	http://irep.iium.edu.my/id/eprint/47816

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