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 101
- Downloads 0
Volunteerism, Organizational Justice and Organizational Commitment: The Case of Sport Coaches in Malaysian Schools
The purpose of this study was to examine the perceptions of volunteer coaches in Malaysian schools about the relationship between organisational justice and organisational commitment. A cross-sectional correlational stud...
Financial Ratios Approach to Evaluating Financial Performance of Cal Bank Ghana from 2010 to 2014
This study was undertaken to evaluate financial performance of Cal Bank Limited. Its main objective was to examine empirically the financial performance of the bank in terms of its financial hea...
The Internationalization of Higher Education: An Estimation of Cost Using Activity Based Costing Method
This study was conducted to estimate the total cost associated in producing an international student and to compare the estimated costs with actual fees charged. This study employed Activity Based Costing method to analy...
The Inner Knowledge (‘Ilm Al-Batinah) of good deeds according to Iman Al-Ghazali
This article analyses al-Ghazali’s theory of the Inner Knowledge (‘Ilm al-Batinah) of good deeds or devotional acts (‘ibadah). This article is theoretical in nature, and it involves bibliographic research, employing desc...
Exploring the Needs of Technical Writing Competency in English among Polytechnic Engineering Students
Industries demand fresh graduate to possess technical writing skills in order to be employed. Thus, technical writing competency in engineering organization cannot be underestimated. In consequence, this study attempts t...