Darar Or Harm For Failure To Maintain The Wife: A Quranic And Juristic Approach On Marriage Dissolution
Journal Title: International Journal of Academic Research in Business and Social Sciences - Year 2017, Vol 7, Issue 8
Abstract
The Islamic principle on prevention of harm or darar is well established in the Qur’an, narrated in the narrations of the Prophets and had long been discussed by classical jurists. The commentaries of the Quran explained the term ‘darar’ in various dimensions and meanings as according to the verses to include al-huznu or grief, fear and horror, distress and illness, as well as poverty and hardship. In view of this, Islamic law imposes a financial duty on the husband to maintain his wife and that his failure will bring harm to the wife. The duty arises as soon as the marriage completed and ends either through death or separation. This paper seeks to examine the juristic views of different schools of laws in Islam (mazahib) on the husband’s duty to financially support and maintain the wife, as well as the effect of non-maintenance. Content analysis method is employed where references is made to commentaries of the Quran as well as classical jurists’ texts, contemporary references of Islamic jurisprudence, narrations of the Prophet PBUH and relevant sources. Few selected Syariah court cases will also be discussed to support the premise. The findings indicate that where the husbands failed to provide for the wife’s maintenance for a certain period of time, it causes not only financial difficulties to the wife but extends far more to an abuse which justifies a judicial dissolution of marriage.
Authors and Affiliations
Tengku Fatimah Muliana Tengku Muda, Azizah Mohd & Noraini Md. Hashim
Keywords
Related Articles
- EP ID EP657545
- DOI 10.6007/IJARBSS/v7-i8/3259
- Views 69
- Downloads 0
Assessment of My Kampung My Future Program Based on CIPP Assessment Model: Input Dimension
This study aims to evaluate the effectiveness of My Kampung My Future (MKMF) program based on input dimensions of CIPP assessment model. The selection of CIPP assessment model was intended to focus more on the continuous...
Shares Zakah Accounting in Malaysia: Fatawa, Manual and Practices
This paper aims to analyze shares zakah accounting based on manual, fatawa and practice among investors and traders. According to the calculation of Zakat Management Manual issued by the Department of Awqaf, Zakat and Ha...
Impact of Advertising on Brand Awareness and Commitment in Female Apparel Industry
The aim of this study is to explore the effectiveness of advertisement on brand commitment with the moderating role of quality between brand awareness and commitment. While the role of brand awareness as a mediator will...
Validity and Reliability Development of Extrovert and Introvert Personality Inventory among University Students
The aim of this study is to develop and acquire content validity and reliability for Extrovert and Introvert Personality Inventory (IPEI). IPEI is developed based on the personality theory by Jung (1954). IPEI has 30 ite...
A Study on Knowledge Transfer Barriers in Private Institution
Knowledge management nowadays being recognized where the trends in gaining competitive advantages with managing information and knowledge in the organization or institution. The shifting from industry based economy to kn...