Haqq al-Zawjah fi al-ʻAsharah bayna al-Fiqh al-Islami wa-al-Qanun al-Faransi: Dirasah Muqaranah [Wife’s Right to Good Marital Cohabitation Between Islamic Jurisprudence and French Law, Comparative Study]

Authors

  • Tarek Hamiche Universiti Sultan Zainal Abidin
  • Jamalluddin Hashim Universiti Sultan Zainal Abidin

Keywords:

Rights, Wife, marital cohabitation, Jurisprudence, Law.

Abstract

Abstract: This paper deals with the study of the wife's right to good marital cohabitation in Islamic jurisprudence compared with French law. Where the researcher sheds light on what came in jurisprudence and law in terms of texts and jurisprudence, following the inductive approach. And then he moves on to analyzing these data, explaining, interpreting, and reasoning, so that the reader can take a comprehensive view on the subject. Then he proceeds to compare the two jurisprudences. Sharia jurisprudence, jurisprudence of law, to complete the benefit. The researcher also depends on discussing the sayings, and weighing them, according to the evidence and its strength, considering the achievement of the public benefit, and highlighting the truth to the public, supported by evidence and proof. The research confirmed the right of the wife in the two legislations, although some laws are not in favor of the Muslim wife, and therefore the researcher reached some solutions to these challenges.

Published

2022-09-30