This study treats the topic of deserting the wife as a means for
disciplining the wife upon disobedience of her husband and rebellion against
him, such by means of elucidating the manifold opinions of the Fuqaha (Muslim jurists)
insofar as the method of desertion such as desertion of the wedlock bed or
eschewal of sexual contact or verbal communication or otherwise, while also
pointing out the lawful duration.
Moreover, the adoption of desertion as a means for harming the wife
was addressed, and the position of the Fuqahavis a vis the right of the wife to
demand separation as a result of this reason through the courts of law, and the
period that grants the wife this right, and also the type of separation
resulting from the separation ordained by the judge in terms of considering it
as a separation/ Dissolution (Faskh) or divorce.
The author reached several results including the fact that
desertion (Hajr) may be applied to its multiple meanings, whereby the husband my
choose the method which influences and assists
in ending the condition of the rebellion of the wife in a manner whereby the interests
of the children are not affected negatively.
Moreover, the desertion of the wife should be time-specific and it
may not be prolonged toseveral months or years, because al-Hajr entails an aim
related to reforming the wife and ending her rebellion or disobedience.
And in case the period of desertion exceeds the Islamicallypermitted
period, or the Hajr was adopted as a means for harming the wife, such will confer on
her the right to take recourse to the judiciary, in order to admonish the
husband and give him a period of time to mend his ways with his wife, but
incase he continues the desertion, the author views with favor the possibility
of effecting separation.
wife upon disobedience of her husband and rebellion against him,
such by means of elucidating the manifold opinions of the Fuqaha (Muslim jurists)
insofar as the method of desertion such as desertion of the wedlock bed or
eschewal of sexual contact or verbal communication or otherwise, while also
pointing out the lawful duration.
Moreover, the adoption of desertion as a means for harming the wife
was addressed, and the position of the Fuqahavis a vis the right of the wife to
demand separation as a result of this reason through the courts of law, and the
period that grants the wife this right, and also the type of separation
resulting from the separation ordained by the judge in terms of considering it
as a separation/ Dissolution (Faskh) or divorce.
The author reached several results including the fact that
desertion (Hajr) may be applied to its multiple meanings, whereby the husband my
choose the method which influences and assists
in ending the condition of the rebellion of the wife in a manner whereby the interests
of the children are not affected negatively.
Moreover, the desertion of the wife should be time-specific and it
may not be prolonged toseveral months or years, because al-Hajr entails an aim
related to reforming the wife and ending her rebellion or disobedience.
And
in case the period of desertion exceeds the Islamicallypermitted period, or the
Hajr was adopted as a
means for harming the wife, such will confer on her the right to take recourse
to the judiciary, in order to admonish the husband and give him a period of
time to mend his ways with his wife, but incase he continues the desertion, the
author views with favor the possibility of effecting separation
Journal Section | Research Article |
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Authors | |
Publication Date | March 29, 2019 |
Published in Issue | Year 2019 Volume: 3 Issue: 1 |
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