Muslim women's rights to mut'ah after dissolution of marriage under Islamic law: an absolute or limited right

A Muslim divorced woman in entitled to several rights after dissolution of her marriage. Those rights include maintenance during 'iddah, right to accommodation during 'iddah, right to the custody of children, right to any deferred mahr, right to a share in jointly acquired property and rig...

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Main Authors: Mohd, Azizah, Abd Malek, Normi
Format: Article
Language:English
Published: International Islamic University Malaysia 2009
Subjects:
Online Access:http://irep.iium.edu.my/7814/1/2009_-_Muslim_women%27s_rights_to_mut%27ah_after_dissolution_of_marriage_under_Islamic_law-_an_absolute_or_limited_right.pdf
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author Mohd, Azizah
Abd Malek, Normi
author_facet Mohd, Azizah
Abd Malek, Normi
author_sort Mohd, Azizah
collection IIUM
description A Muslim divorced woman in entitled to several rights after dissolution of her marriage. Those rights include maintenance during 'iddah, right to accommodation during 'iddah, right to the custody of children, right to any deferred mahr, right to a share in jointly acquired property and right to mut'ah or consolatory gift. These rights are meant to particularly to protect the interests and welfare of the divorced wife after dissolution of her marriage. Mut'ah is a property which is a replacement or an addition to the dower given to the divorced wife, to console and to assist her in facing life after divorce especially if she is divorced without just cause. This paper seeks to examine whether this right is absolute for all divorced wives or whether it is only limited to a particular situation where for example the wife is divorced without just cause or where the divorce is not initiated by the wife. For that purpose, the principle on mut'ah under the Shari'ah and provisions of Islamic law in Malaysia will be examined, to determine the extent of its application to the Muslim community in Malaysia.
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spelling oai:generic.eprints.org:78142024-12-17T05:54:17Z http://irep.iium.edu.my/7814/ Muslim women's rights to mut'ah after dissolution of marriage under Islamic law: an absolute or limited right Mohd, Azizah Abd Malek, Normi K Law (General) KBP Islamic Law A Muslim divorced woman in entitled to several rights after dissolution of her marriage. Those rights include maintenance during 'iddah, right to accommodation during 'iddah, right to the custody of children, right to any deferred mahr, right to a share in jointly acquired property and right to mut'ah or consolatory gift. These rights are meant to particularly to protect the interests and welfare of the divorced wife after dissolution of her marriage. Mut'ah is a property which is a replacement or an addition to the dower given to the divorced wife, to console and to assist her in facing life after divorce especially if she is divorced without just cause. This paper seeks to examine whether this right is absolute for all divorced wives or whether it is only limited to a particular situation where for example the wife is divorced without just cause or where the divorce is not initiated by the wife. For that purpose, the principle on mut'ah under the Shari'ah and provisions of Islamic law in Malaysia will be examined, to determine the extent of its application to the Muslim community in Malaysia. International Islamic University Malaysia 2009 Article PeerReviewed application/pdf en http://irep.iium.edu.my/7814/1/2009_-_Muslim_women%27s_rights_to_mut%27ah_after_dissolution_of_marriage_under_Islamic_law-_an_absolute_or_limited_right.pdf Mohd, Azizah and Abd Malek, Normi (2009) Muslim women's rights to mut'ah after dissolution of marriage under Islamic law: an absolute or limited right. IIUM Law Journal, 17 (1). pp. 33-55. ISSN 0128-2530 http://rms.research.iium.edu.my/bookstore/Products/295-wwwgooglecom.aspx
spellingShingle K Law (General)
KBP Islamic Law
Mohd, Azizah
Abd Malek, Normi
Muslim women's rights to mut'ah after dissolution of marriage under Islamic law: an absolute or limited right
title Muslim women's rights to mut'ah after dissolution of marriage under Islamic law: an absolute or limited right
title_full Muslim women's rights to mut'ah after dissolution of marriage under Islamic law: an absolute or limited right
title_fullStr Muslim women's rights to mut'ah after dissolution of marriage under Islamic law: an absolute or limited right
title_full_unstemmed Muslim women's rights to mut'ah after dissolution of marriage under Islamic law: an absolute or limited right
title_short Muslim women's rights to mut'ah after dissolution of marriage under Islamic law: an absolute or limited right
title_sort muslim women s rights to mut ah after dissolution of marriage under islamic law an absolute or limited right
topic K Law (General)
KBP Islamic Law
url http://irep.iium.edu.my/7814/1/2009_-_Muslim_women%27s_rights_to_mut%27ah_after_dissolution_of_marriage_under_Islamic_law-_an_absolute_or_limited_right.pdf
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