Property relations between spouses according to Shariah law and comparative analysis with positive legal regulations of the the Republic of Serbia

Property relations between spouses belong to specific legal relations precisely because of the great influence of personal and emotional relations between the parties. Sharia law as a different legal system differs greatly from all legal systems in many respects. Precisely for these reasons, it was...

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Bibliographic Details
Main Author: Nikšić Jasmina
Format: Article
Language:Bosnian
Published: Univerzitet u Novom Pazaru 2023-01-01
Series:Univerzitetska Misao
Subjects:
Online Access:https://scindeks-clanci.ceon.rs/data/pdf/1451-3870/2023/1451-38702322021N.pdf
Description
Summary:Property relations between spouses belong to specific legal relations precisely because of the great influence of personal and emotional relations between the parties. Sharia law as a different legal system differs greatly from all legal systems in many respects. Precisely for these reasons, it was interesting to investigate how property relations between spouses are regulated in Sharia law, which is based on different principles. The research on this topic is especially important for its comparative analysis with the positive legal regulations of the Republic of Serbia in relation to the institutes valid in Sharia law and their review and comparison. The paper deals with the rights and duties of spouses in Islamic marriage in terms of property, ways of acquiring property in marriage, special property of married women, property regimes in Islamic and civil marriage, alimony, wedding gift (mehr), dowry (goods that a woman receives when marriages by his family) and gifts as ways of acquiring special property in an Islamic marriage.
ISSN:1451-3870
2560-4821