Right of women to mahr (dower) under Islamic Law and Malaysian family law: some suggestions for reform

Mahr (dower) is considered as an essential part of a Muslim marriage. It is given by a man to his wife as a matter of her right as it has been mentioned in the Qur’an and Hadith of the Prophet Muhammad s.a.w. In Islam, mahr is a marriage gift from the man to his wife and becomes her exclusive prop...

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Main Author: Abdul Hak, Nora
Format: Article
Language:English
Published: Serials Publications 2012
Subjects:
Online Access:http://irep.iium.edu.my/6535/
http://irep.iium.edu.my/6535/
http://irep.iium.edu.my/6535/7/Right_of_Women_to_Mahr.pdf
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recordtype eprints
spelling iium-65352016-07-20T04:07:06Z http://irep.iium.edu.my/6535/ Right of women to mahr (dower) under Islamic Law and Malaysian family law: some suggestions for reform Abdul Hak, Nora KBP Islamic Law KPG Malaysia Mahr (dower) is considered as an essential part of a Muslim marriage. It is given by a man to his wife as a matter of her right as it has been mentioned in the Qur’an and Hadith of the Prophet Muhammad s.a.w. In Islam, mahr is a marriage gift from the man to his wife and becomes her exclusive property. It is also given as a mark of respect for her. If the mahr is not paid during the marriage, the right to mahr remains even after divorce except in certain circumstances. The article will deliberate the right of a woman to mahr (dower) in Islamic law. In this article, the differences of views of some Muslims jurists pertaining to this matter will be deliberated. Legal provisions and the practice of the Malaysian courts in entertaining this right of a woman will be the focus of the article. Thus, cases decided at the Shariah Courts relating to the claim of mahr (dower) will be referred to study the practice of it in Malaysia as well as its problems. Comparison with other jurisdictions on the practice of mahr (dower) will be highlighted especially the practice in India. It is hoped that by analysing the current the legal provisions on mahr and its practice, suggestions and recommendations can be made to further improve this area of law. Hence, the right of Muslim women to mahr (dower) as enshrined in the Qur’an will be preserved. Serials Publications 2012-01 Article PeerReviewed application/pdf en http://irep.iium.edu.my/6535/7/Right_of_Women_to_Mahr.pdf Abdul Hak, Nora (2012) Right of women to mahr (dower) under Islamic Law and Malaysian family law: some suggestions for reform. Journal of Islamic Law Review, 8 (1-2). pp. 215-229. ISSN 0973-2918 http://serialsjournals.com/journal-detail.php?journals_id=272
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
KPG Malaysia
spellingShingle KBP Islamic Law
KPG Malaysia
Abdul Hak, Nora
Right of women to mahr (dower) under Islamic Law and Malaysian family law: some suggestions for reform
description Mahr (dower) is considered as an essential part of a Muslim marriage. It is given by a man to his wife as a matter of her right as it has been mentioned in the Qur’an and Hadith of the Prophet Muhammad s.a.w. In Islam, mahr is a marriage gift from the man to his wife and becomes her exclusive property. It is also given as a mark of respect for her. If the mahr is not paid during the marriage, the right to mahr remains even after divorce except in certain circumstances. The article will deliberate the right of a woman to mahr (dower) in Islamic law. In this article, the differences of views of some Muslims jurists pertaining to this matter will be deliberated. Legal provisions and the practice of the Malaysian courts in entertaining this right of a woman will be the focus of the article. Thus, cases decided at the Shariah Courts relating to the claim of mahr (dower) will be referred to study the practice of it in Malaysia as well as its problems. Comparison with other jurisdictions on the practice of mahr (dower) will be highlighted especially the practice in India. It is hoped that by analysing the current the legal provisions on mahr and its practice, suggestions and recommendations can be made to further improve this area of law. Hence, the right of Muslim women to mahr (dower) as enshrined in the Qur’an will be preserved.
format Article
author Abdul Hak, Nora
author_facet Abdul Hak, Nora
author_sort Abdul Hak, Nora
title Right of women to mahr (dower) under Islamic Law and Malaysian family law: some suggestions for reform
title_short Right of women to mahr (dower) under Islamic Law and Malaysian family law: some suggestions for reform
title_full Right of women to mahr (dower) under Islamic Law and Malaysian family law: some suggestions for reform
title_fullStr Right of women to mahr (dower) under Islamic Law and Malaysian family law: some suggestions for reform
title_full_unstemmed Right of women to mahr (dower) under Islamic Law and Malaysian family law: some suggestions for reform
title_sort right of women to mahr (dower) under islamic law and malaysian family law: some suggestions for reform
publisher Serials Publications
publishDate 2012
url http://irep.iium.edu.my/6535/
http://irep.iium.edu.my/6535/
http://irep.iium.edu.my/6535/7/Right_of_Women_to_Mahr.pdf
first_indexed 2023-09-18T20:15:31Z
last_indexed 2023-09-18T20:15:31Z
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