Waiver of wife’s legacy and its impact on the validity of marriage contract in Islam

Almabrouk, Mahdi Amin Mousa and Muhammad Husni, Ahmad and El-Seoudi, Abdel Wadoud Moustafa Moursi (2012) Waiver of wife’s legacy and its impact on the validity of marriage contract in Islam. Advances in Natural and Applied Sciences, 6 (8 (October-December)). pp. 1558-1561. ISSN 1995-0772 E-ISSN 1998-1090

PDF - Published Version Restricted to Repository staff only Download (42kB) | Request a copy

Abstract

This research paper tries to explore the law of legacy as well as waiver of legacy and its impact on the validity of marriage contract. The objective of this study is to know whether waiver of legacy is acceptable in Islamic Law and to how extent it could affect the validity of the marriage contract. Deductive qualitative data analysis of verses of Al-Quran and of texts of Hadith was employed to answer two research questions: do husband and wife have the right to waive their right of legacy before signing the contract? What is the impact of this condition on the validity of the contract of marriage? Finding showed that husband and wife do not have the right to waive legacy of each other and the condition of waiver of legacy is invalid but the marriage contract is valid.

Item Type:	Article (Journal)
Additional Information:	8721/70086
Uncontrolled Keywords:	Legacy, Duty, Hajb, waiver, jurists, Islam .
Subjects:	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
Depositing User:	Dr Ahmad bin Muhammad Husni al-Jufri
Date Deposited:	18 Apr 2019 11:57
Last Modified:	18 Apr 2019 11:57
URI:	http://irep.iium.edu.my/id/eprint/70086

Actions (login required)

View Item