Legal entitlements of wives in the classical islamic family law
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...
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DISC International
2015
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| Online Access: | http://irep.iium.edu.my/47816/ http://irep.iium.edu.my/47816/ http://irep.iium.edu.my/47816/1/mansur_and_najibah.pdf |
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iium-478162018-05-23T01:49:49Z http://irep.iium.edu.my/47816/ Legal entitlements of wives in the classical islamic family law Yelwa, Mansur Isa Mohd Zin, Najibah KBP Islamic Law 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 DISC International 2015 Article PeerReviewed application/pdf en http://irep.iium.edu.my/47816/1/mansur_and_najibah.pdf 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 http://joilj.discinternational.org/index.php/joilj/article/view/11/4 |
| repository_type |
Digital Repository |
| institution_category |
Local University |
| institution |
International Islamic University Malaysia |
| building |
IIUM Repository |
| collection |
Online Access |
| language |
English |
| topic |
KBP Islamic Law |
| spellingShingle |
KBP Islamic Law Yelwa, Mansur Isa Mohd Zin, Najibah Legal entitlements of wives in the classical islamic family law |
| description |
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 |
| format |
Article |
| author |
Yelwa, Mansur Isa Mohd Zin, Najibah |
| author_facet |
Yelwa, Mansur Isa Mohd Zin, Najibah |
| author_sort |
Yelwa, Mansur Isa |
| title |
Legal entitlements of wives in the classical islamic
family law |
| title_short |
Legal entitlements of wives in the classical islamic
family law |
| title_full |
Legal entitlements of wives in the classical islamic
family law |
| title_fullStr |
Legal entitlements of wives in the classical islamic
family law |
| title_full_unstemmed |
Legal entitlements of wives in the classical islamic
family law |
| title_sort |
legal entitlements of wives in the classical islamic
family law |
| publisher |
DISC International |
| publishDate |
2015 |
| url |
http://irep.iium.edu.my/47816/ http://irep.iium.edu.my/47816/ http://irep.iium.edu.my/47816/1/mansur_and_najibah.pdf |
| first_indexed |
2023-09-18T21:07:59Z |
| last_indexed |
2023-09-18T21:07:59Z |
| _version_ |
1777411062050586624 |