Use this URL to cite or link to this record in EThOS: http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.497342
Title: A study of the wife's rights in Islamic FIQH
Author: Al-Mutairi, Mastora R. H.
Awarding Body: The University of Birmingham
Current Institution: University of Birmingham
Date of Award: 2004
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Abstract:
The aim of this thesis is to study the various fundamental rights that the wife enjoys in accordance with the teachings of Islam. In particular, the thesis focuses on those rights that affect the husband, including the right to choose a husband, the right to get a dower, the right to have nafaqah, the right to be treated equitably, and the right to have al-khul'. The thesis falls into nine chapters including the introduction (Chapter One) and the conclusion (Chapter Nine). It contains 70000 words, approximately. Chapters Two and Three are introductory chapters, as each one of them introduces a key aspect of the research. Chapter Two introduces the concept and significance of the Prophet's sunnah, the framework within which the research is conducted, while Chapter Three investigates the significance of marriage in Islam. Chapter Four centres on one of the most fundamental rights the woman, regardless whether she is a bikr or thayyib, should have. It is the right to choose a husband. This right is guaranteed by shari a through the different hadiths the prophet had said in this respect. The chapter also considers the vital role played by the guardian in guiding the woman under his guardianship into the right way so she can make a wise decision while making her choice. Chapter Five looks at another significant right the wife enjoys which is the right to get a dower. This right is the wife's own and no one else, whether the father or the guardian, should interfere or take anything of it without her permission to do so. Chapter Six explores another right the wife is entitled to have which is the right to have a maintenance or nafaqah. Different types of maintenance are identified such as food, clothing, housing, servant, medical, perfume, adornment nafaqahs. In addition, the nafaqah in the case of the working wife is also dealt with in this chapter. The calculation of nafaqah is estimated in accordance with the husband's income. Chapter Seven considers the wife's right to get fair treatment known in Arabic as al-`ishra bilma`rüf According to this right, the wife is entitled to be treated by her husband with respect and trust. Therefore, he should refrain from ignoring, humiliating or ridiculing her or her opinions. Furthermore, he should teach her useful things about life and religion so that she will be a good companion to him. Finally Chapter Eight looks at al-khul' as one of the wife's important rights in Islam, according to which she has to return the dower she had from her husband, or give him something of the same value,, for the sake of ending the marriage without the need to provide any reasons for the desire to do so. These five rights that the wife exercises play a significant role in stabilising the family and bringing about happiness. It has been stated in the Qur'an that marriage is a way of "dwelling in tranquillity". In fact, this ultimate goal of the legitimisation of marriage can be achieved nowadays only' through adhering to the rights that Islam has granted to the Muslim wife
Supervisor: Not available Sponsor: JISC Digital Islam
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID: uk.bl.ethos.497342  DOI: Not available
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