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الإعسار بنفقة الزوجة في الفقه الإسلامي وقانون الأسرة القطري (دراسة مقارنة) Insolvency with the wife’s maintenance in Islamic jurisprudence and Qatari family law: A Comparative Study


Article Information

Title: الإعسار بنفقة الزوجة في الفقه الإسلامي وقانون الأسرة القطري (دراسة مقارنة) Insolvency with the wife’s maintenance in Islamic jurisprudence and Qatari family law: A Comparative Study

Authors: Mahroof Athambawa

Journal: Afkar

HEC Recognition History
Category From To
Y 2021-07-01 2022-06-30
Y 2020-07-01 2021-06-30

Publisher: Institute of Social Sciences and Developme nt

Country: Pakistan

Year: 2023

Volume: 7

Issue: 2

Language: en

Keywords: Islamic lawinsolvencySpouse maintenanceQatari family Law.

Categories

Abstract

Islam honored women, exalted their status, and gave them rights that they lacked before Islam. It also granted them rights that were not considered by other religions and many contemporary systems. Among the most important of these rights, which were sponsored by Islamic legislation and whose provisions were made clear are the rights of the wife, especially the right to get Proper maintenance from her husband. Sometimes it happens that the husband goes through difficult circumstances and financial hardship in which he loses his source of livelihood or falls short of meeting, his wife’s living needs. In this case, does the wife have the right to request separation from her husband due to harm borne on her? What is the position of Islamic Sharia and Qatari family law on this issue? The research concluded that what is most likely opinion in the issue is that the woman has the right to request separation from her husband, although it is better for her to be patient with her husband’s insolvency, perhaps Allah will bring about ease after hardship, and that separation resulting from insolvency is considered an annulment (Fask) and not a divorce (Talaq), which is The opinion was adopted and included in the Qatari Family Law.


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