Rights Of Husband And Wife In Islam Pdf

rights of husband and wife in islam pdf

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Muslim women value their membership within their religious community; making them aware of the various options they can access to gain a religious divorce is an important way they can claim their religious rights and freedom. Both Muslim men and women are allowed to divorce in the Islamic tradition.

Divorce and the law of khul: A type of no fault divorce found within an Islamic legal framework. A few believe that it is shameful to ask pertinent questions or to express a degree of doubt. This, however, is not according to the tenets of Islam.

Islam has enjoined upon the husband duties towards his wife, and vice versa, and among these duties are some which are shared by both husband and wife. The wife has financial rights over her husband, which are the mahr dowry , spending and accommodation. And she has non-financial rights, such as fair division between co-wives, being treated in a decent and reasonable manner, and not being treated in a harmful way by her husband. This is the money to which the wife is entitled from her husband when the marriage contract is completed or when the marriage is consummated. It is a right which the man is obliged to pay to the woman.

Marital Life: Importance and Issues

Divorce and the law of khul: A type of no fault divorce found within an Islamic legal framework. A few believe that it is shameful to ask pertinent questions or to express a degree of doubt. This, however, is not according to the tenets of Islam.

Islam permits the raising of questions and debates about pertinent issues. The manner of inquiry is referred to as ijtihad or personal reasoning. In fact, one of the responsibilities of scholars was to prepare cogent answers in response to inquiries from the Muslim community.

According to South African law marriage may be terminated either by divorce or the death of one of the parties. Should the marriage be terminated by divorce, then the Divorce Act of will apply. The non-recognition of Muslim marriages goes back as far as the case of Seedat's Executors v The Master Natal 7 in where the Court expressly stated that "[w]ith us marriage is the union of one man with one woman, to the exclusion, while it lasts, of all others".

It has been argued that polygamy goes against the fabric of society and thus a Muslim marriage was viewed as morally reprehensible.

The Court refused to recognise the union of the parties as a valid marriage. This would mean that parties married according to the tenets of Islam would in effect have to marry twice. Whereas the first marriage would be in terms of religious rites, a further civil marriage would have to be concluded in accordance with the law of the land. In view of South Africa's particular history, the framers of the South African Constitution sought to entrench a compromise in the Bill of Rights.

When read together with section 9, section 15 prohibits the state from discriminating against any particular religious group.

Although the possibility of converting a religious or traditional union into a civil marriage has always existed, the legal requirement that such a marriage be monogamous has, however, remained. This meant that Muslim couples were not considered legally married, their children were considered to be illegitimate and they had to rely on religious authorities, such as the Muslim Judicial Council MJC , 17 and not on the courts to enforce the consequences of their union.

Section 15 3 of the South African Constitution provides for the recognition of religious marriages and empowers the state to give effect to such marriages in terms of a system of religious law. However, any such recognition must be consistent with both section 15 and the South African Constitution as a whole. The gender specific discriminatory practice of polygyny is a case in point; 19 so too are the practices whereby it is easier in terms of Muslim personal law for men to divorce women than for women to divorce men, where Muslim widows inherit less that they would under civil law, and where Muslim women have a very limited entitlement to maintenance if their husbands leave them.

The Bill defines khul or khul'a as follows: "khul'a, means the dissolution of the marriage bond at the instance of the wife, in terms of an agreement for the transfer of property or other permissible consideration between the spouses according to Islamic law.

This article will examine whether divorce according to the tenets of Islam has the potential to address the particular needs of women. To this end, the following will be discussed: the status of women in Islam, Islamic law on marriage and divorce, and the law of khul and its consequences.

The law of khul, which is a type of divorce found in Islam, will be explored in detail to ascertain whether it has the potential to enhance the protection of women's rights within an Islamic framework.

The period before the introduction of Islam is generally referred to as the jahiliya period, characterised by ignorance and barbarism. The husband, in turn, exploited the wife by possessing the right to terminate the marriage at any time and for any reason. Islam was revealed in the early seventh century to Muhammad by the angel Gabriel.

Kamali rightly argues that the Qur'an consists of a manifest revelation which, in turn, is defined as the communication from God to Muhammad. Pearl correctly states that one of the aims of the Qur'an was to alleviate the deprived status of Arabian women. One of the standards introduced by Islam was the transformation of a woman from being an "object of sale" and directing the husband to pay a dower mahr to his wife.

The practice that existed during the pre-Islamic period whereby the husband could terminate the marriage at any time and for any reason was also curtailed. This meant that although the husband still possessed the unilateral right to terminate the marriage at any time, the iddat at least sought to temper this right.

The length of the iddat is three months or three menstrual cycles. Nadvi correctly points out that the reconciliation period can save the family from being divided and protects the children from the trauma of a broken home. However, even under such circumstances the three monthly cycles will still have to be observed as the possibility could exist that the wife may be pregnant at the time that the marriage is terminated. Doi avers that in the event that the wife is pregnant, the iddat will prevent any confusion as to who is the father of the child.

Thus, inferences can be drawn from the abovementioned, that one of the core principles of Islam was the improvement of the status of women within the context of the family. Furthermore, advocates of women's equality groups argue that women during the time of Muhammad were actively involved in many spheres of society. In this section, the institutions of marriage and divorce will be addressed. These institutions are seen as a process within an Islamic framework.

The institution of marriage in Islam is regarded as one of the most virtuous and approved acts. And among His signs is this, that He created for you mates from among Yourselves, that you may Dwell in tranquillity with them, And He has put love And mercy between your hearts. Verily in these are Signs for those who reflect. Furthermore, it is provided that "And Allah has made for you your mates of you own nature, and made for you, out of them, sons and daughters and grandchildren, and provided for you sustenance of the best".

These requirements are: "both parties must be sane and have reached puberty, neither party may have been breast-fed from the same women, men are not allowed to marry antecedents or descendents of his wife to be nor the descendents of any women with whom he has committed adultery. The nikah consists of an offer ijab and acceptance qabul , before Muslim witnesses either two males or one male and two females.

In the case of a woman who is a "virgin" or a woman who has not been married previously, the marriage negotiations are concluded by her guardian wali , generally the women's closest male relative. Proponents of women's rights are of the opinion that the bride should be allowed to negotiate her own contract without the aid of the guardian, and there are those who prefer the guardian to act on their behalf. This debate is far from being settled. Of note, Middle Eastern countries, such as Morocco, have embarked on reforms allowing the woman to contract a marriage without the aid of the guardian wali.

There is an obligation on the husband is to give the prospective bride a dower known as mahr or saddaq. The mahr should rather be interpreted as financial independence which the bride receives from the groom. In addition, the mahr becomes the exclusive property of the bride. The lobolo is paid to the family of the wife and as such does not become the property of the bride.

Nathan correctly argues that under classical fiqh, the marriage contract is not valid without the payment of the mahr. The mahr may also be deferred, which means that it will be paid on the happening of an event, such as, death or divorce. The deferred mahr can also have a stipulated date in the future when it must be paid. In addition, a Muslim marriage establishes a relationship in which the parties are assigned a set of contractual rights. This means that each party has a duty to perform towards the other.

The husband acquires the rights to the wife's obedience and sexual availability. It is seen as discriminatory in nature. The issue of obedience involves obeying all of the husband's lawful commands throughout the marriage. A further right, which has been seen as discriminatory in nature, is that regarding sexual availability. This means that the wife has to make herself available or give her husband "free access to herself at all lawful times".

In terms of Islam the marriage establishes a contract, and each party is assigned a set of contractual rights. These rights confer on each party duties towards the other. Under the right which the wife has, namely, "fair and just treatment by the husband throughout the duration of the marriage", we may very well postulate the following, that the husband should obey all lawful commands of his wife and that he must be sexually available to her by granting her free access to himself at all lawful times.

Another primary obligation of the husband is to provide maintenance to the wife throughout the duration of the marriage. Although divorce is abhorred within Islam, a Muslim couple can obtain a divorce "if good relations between the spouses become unbearable and impossible". However, the contract will not function properly when it becomes humanly impossible.

A termination of a Muslim marriage can occur in one of the following ways: by the act of the husband, referred to as talaaq; by mutual agreement, known as khula or mubarat; and by a judicial decree of separation at the request of the wife or the husband.

According to most scholars, the talaaq is the dissolution of a valid marriage contract forthwith or at a later date, by the husband, his agent or his wife duly authorised by him to do so, using the word "talaaq", or a derivative or a synonym thereof. This type of talaaq is referred to as a "delegated talaaq" talaaq-i- tafwid and could be used by the wife to end the marriage. Islam, therefore, grants the right to both parties to divorce when the marriage relationship becomes humanly impossible, yet bearing in mind that Muhammad has cautioned: "Of all things which have been permitted, divorce is the most hated by Allah ".

Therefore, although Islam permits the dissolution of the marriage relationship it must be exercised only under exceptional circumstances.

Therefore, within an Islamic framework the marriage relationship may also be terminated by divorce or death of either of the parties. In the absence of death, the husband has the unilateral right of talaaq repudiation to dissolve the marriage.

According to most scholars, there are two types of talaaq, namely, talaaq al sunna and talaaq al bidaa. Reiss correctly argues that the latter is inconsistent with "Allah's teachings". The talaaq al sunna which would dissolve the marriage is divided into two categories, namely, ahsan, the most common and approved form of dissolving the marriage and hasan, a lesser form of divorce, but still an approved form.

Say, they are hurt and a pollution. So keep away from women during their courses. And do not approach them until they are clean". As soon as the talaaq is pronounced, the wife will enter a period of iddat, also referred to as a waiting period. The iddat or waiting period consists of a three month menstrual cycle.

After the iddat period the divorce will become final. This type of divorce allows for revocation, where the husband decides to take back the wife during the iddat period. According to Pearl and Menski, the talaaq al sunna in the hasan form, like the ahsan, is regarded as an approved or good method of repudiation, and as such, has been accepted by all the dominant schools of thought.

Lastly, both forms of talaaq al sunna are geared towards "reconciliation between the parties". Thompson and Yunus correctly suggest the following: "The reason for Islam's insistence on reconciliation is its emphasis on maintaining a secure family life and preventing women and children from having to endure the drama and conflict which is normally associated with divorce".

The operation of this type of divorce is that talaaq becomes irrevocable as soon as it is pronounced. I divorce you. I divorce you" either in one sitting or conveyed to the wife in writing.

The disadvantage of this form of divorce is that it leaves no room for reconciliation or reconsideration. The talaaq or repudiation by the husband is not the only form of dissolution of the marital relationship. Under classical shari'ah, divorce instituted at the request of the woman is not altogether foreign to Islam, although it does cause some difficulty. Within an Islamic context a Muslim woman can obtain a divorce of her own accord.

In this section we will investigate the various forms of divorce which are available to a Muslim woman. First, through a "delegated talaaq" which, as a rule, must be contained in the original marriage contract.

Marital Life: Importance and Issues

Moreover, Islam lays down some guidance, on how we can live a happy life both as a husband or wife. Statutory and judicial authorities from the Malaysian legal system are referred to, where applicable. Hopefully, every wife can do his rights well. Similarly, the law has provided for entitlement of the wife to maintenance and the, situation where a wife is disqualified and considered, the provisions under the Islamic Family law Federal T. Di dalam konteks ini, statut perundangan di Malaysia boleh dijadikan model.

rights of husband and wife in islam pdf

In Islam , marriage is a legal contract between a man and a woman. Both the groom and the bride are to consent to the marriage of their own free wills. A formal, binding contract — verbal or on paper [1] — is considered integral to a religiously valid Islamic marriage, and outlines the rights and responsibilities of the groom and bride.

И в первую очередь я сожалею о Дэвиде Беккере. Простите. Я был ослеплен своими амбициями.

И мы должны его найти.

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 Объясните, - потребовал Фонтейн. Он посмотрел на Сьюзан, стоявшую рядом с ним на платформе. Казалось, все происходящее было от нее безумно. Джабба вздохнул и снова вытер пот со лба. По выражению его лица было ясно: то, что он собирается сказать, не понравится директору и остальным. - Этот червь, - начал он, - не обычный переродившийся цикл. Это избирательный цикл.

 Сьюзан, - проговорил он, стараясь сдержать раздражение, - в этом как раз все. Мне было нужно… Но тигрица уже изготовилась к прыжку. - В вашем распоряжении двадцать тысяч сотрудников. С какой стати вы решили послать туда моего будущего мужа. - Мне был нужен человек, никак не связанный с государственной службой. Если бы я действовал по обычным каналам и кто-то узнал… - И Дэвид Беккер единственный, кто не связан с государственной службой. - Разумеется, не единственный.

 И что же это за секрет. - Вы отлично знаете это. Это Цифровая крепость.

Люди на подиуме с недоумением переглянулись. Дэвид подмигнул крошечной Сьюзан на своем мониторе. - Шестьдесят четыре буквы.

Сьюзан Флетчер вздохнула, села в кровати и потянулась к трубке. - Алло. - Сьюзан, это Дэвид. Я тебя разбудил. Она улыбнулась и поудобнее устроилась в постели.

 Шифр еще не вскрыт. Время ввода - двадцать три тридцать семь и восемь секунд, однако время завершения дешифровки не указано.  - Мидж полистала страницы.

rights of husband and wife in islam pdf

 Должно быть, Танкадо держится в стороне от таких вещей, но всем известно, что он гений.

Сьюзан перевела взгляд на помост перед кабинетом Стратмора и ведущую к нему лестницу. - Коммандер. Молчание. Тогда она осторожно двинулась в направлении Третьего узла.

 - Мидж, - сказал.  - Говорит Лиланд Фонтейн. Слушайте меня внимательно… ГЛАВА 112 - Надеюсь, вы знаете, что делаете, директор, - холодно сказал Джабба.  - Мы упускаем последнюю возможность вырубить питание.

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While Allah, the Almighty, has emphasized on marriage and disliked anyone remaining single, He has also outlined the rights of the husband and wife.

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