Muslim Wife Research Articles

The dynamics of marital relationship after infidelity: Phenomenological descriptive analysis on Muslim spouses

An unstable marital relationship, including an Islamic spouse, opens up opportunities for extramarital affairs. This study aimed to understand the dynamics of the relationship between a Muslim husband and wife who face a wife’s infidelity. This research uses qualitative methods with a phenomenological approach. The subject criterion is a Muslim wife who has had an affair and is still married. Three subjects were selected through a purposive sampling technique. Data collection using a semi-structured interview. The results show that the background of the wife’s infidelity is multi-factor. Marital relations reflect the interdependence of husband and wife. This relationship becomes more dynamic and complex because of the presence of a third person. During an affair, the relationship is under an actor’s control. The relationship transforms into a controlling partner after the affair. Wives initiate nonmutual relations manifested in permissive behavior towards husbands as an effort to atone for guilt and maintain a marriage. The research has theoretical implications for religion and supports the effect of social norms in reading the interdependence of marital relations between Islamic husband and wife.

IKHLAS: A Spiritual Resource for Indonesian Muslim Wives in Accepting Their Husband's HIV-Positive Status

The religious and cultural values of the Muslim community shaped their coping mechanisms in facing various problems. Indonesian Muslim wives leaned toward both religious and cultural philosophies as resources in maintaining their marriage life. This research aimed to understand the spiritual perspective among Muslim wives in accepting their husband's HIV-positive status. This study used a qualitative study with 15 wives who had a husband with HIV-positive. The interview was run 2-4 times for each participant, and around spent 50-90 minutes for each interview. Data were analyzed simultaneously using a content analysis method. Three themes were articulated, including:1) the meaning of being a Muslim wife to a husband with an HIV-positive, 2) Life experiences after knowing a husband’s HIV-positive status, and 3) Philosophy of life in accepting a husband’s HIV-positive status. Muslim wives' experiences often depend on gender power relations, cultural and religious values, and family roles. The result of the study could be used in developing specific strategies with a gender approach to reduce the transmission of HIV/AIDS among Muslim wives.

Abuse of the Right to Discipline a Muslim Wife in Northwest China: Its Reality, Form, Causes, and Remedy

This research studies the abuse of the right to discipline a Muslim wife in China: its causes and treatment. The problem of the research is that many Chinese Muslim husbands do not know the provisions related to the family in the light of Islamic jurisprudence. The study reached the most important results: that domestic violence exists in general, but the traditional public opinion does not consider it violence, which may lead to its mistreatment. The most important reasons are due to the lack of knowledge of Islamic legal rulings among the Muslims of the region, and the lack of explanation of the forms of abuse in the use of the right of guardianship in the treatment of the wife. Rather, the directives consider them only. The study recommended highlighting this file with the work of Chinese scholars and advocates to study the conditions of the Chinese Muslim community towards Sharia rulings, review the defect in the case, and raise their awareness of the principles and purposes of Sharia. And preparing students of science at a high level of understanding of Sharia and reality, to be a good role model for the public.

Mental capacity including testamentary capacity.

Mental capacity including testamentary capacity.

PROTECTION OF WIFE'S RIGHT TO MAINTENANCE IN BANGLADESH: AN OVERVIEW

Muslim wife has a legal right of maintenance which devolves upon her husband. This rights exclusively created by the marriage and wife is entitled to maintenance during the subsistence of the marriage and after divorce for iddat period under the Islamic Shariah and Muslim personal law in Bangladesh. Usually, the Muslim women enforces the claim for her maintenance while obtaining divorce. Divorce brings distress in her life and it also creates jeopardized situation in the society. In doing so, the controversy arises regarding the post-divorce maintenance beyond iddat period of Muslim women under Islamic Shariah. Though the judiciary of many countries are trying to reform on the post-divorce maintenance but judicial activism of the country have not much advancement in this issue. Hence, the divorced Muslim women are not entitled post-divorce maintenance beyond iddat period in the country. In addition, often women are not get access to family justice rather they suffered adversely for difficulties of legal procedure, male oriented society and non implementation of Islamic values. Therefore, majority divorced woman face many challenges of social justice and not being protected in the present legal system. The study focuses how and to what extent Muslim wife's are being protected through maintenance under the Islamic Shariah as well as the Muslim personal law in Bangladesh.

PROTECTING A WIFE FINANCIALLY AT THE TIME OF DIVORCE – A COMPARISON BETWEEN SOUTH AFRICAN WOMEN MARRIED IN TERMS OF SOUTH AFRICAN CIVIL LAW AND ISLAMIC LAW, WITH SPECIFIC REFERENCE TO THE MAHR

This article compares the South African civil-law and Islamic-law positions with regard to the financial protective measures available to a wife at the time of marriage and divorce. In this regard, the respective matrimonial property systems are discussed, with special emphasis on civil antenuptial and Muslim marriage contracts. In addition, other protective measures inherent to the two systems to prevent prejudice both during the marriage and at the time of divorce, are discussed. It is submitted that, although the provisions of Islamic law do not provide the same financial protection for wives compared to the South African civil law, the Islamic concept of mahr could potentially be used in the Muslim marriage contract to enhance financial security of a Muslim wife at the time of divorce. The article also considers dual marriages where the same spouses marry each other in terms of both civil and Islamic law. In particular, the incorporation of the Islamic concept of mahr into civil antenuptial contracts is discussed with reference to the legal position in Canada to illustrate potential legal problems.

Lost in Translation

As a reciprocal contract, Islamic marriage (nikāḥ) furnishes rights and obligations for both spouses. Usually split into two portions, the deferred part of the bridal dower (mahr muʾakhkhar)—a one-time financial liability that both spouses agree on during the wedding proceedings—is customarily received by the Muslim wife where her husband seeks to divorce her unilaterally (ṭalāq). However, US courts faced with construing mahr-agreements have been reluctant to enforce the financial promises stipulated in such agreements. Based on evidence gathered from case law, this article argues that a combination of several factors, most importantly, the judicial anxiety to get involved in religious doctrinal interpretation, as well as the misinformed analogizing of bridal dowers to prenuptial agreements, adversely affects Muslim women as courts increasingly adhere to the presumption that mahr-agreements are non-enforceable, squarely placing the burden of proof to the contrary on women. Moreover, women's financial hardship is often the immediate result of the court's refusal to uphold a husband's commitment to pay dower. As a critical feature of Islamic marriage, the agreed-on dower payment assures financial stability after divorce, predictability, and women's bargaining power throughout a marital relationship. Since 2013, state legislators' partially successful endeavors to bar state courts from applying Islamic law under comity function as a compounding factor that has created dire prospects for the future of mahr-agreements in the US, posing a substantial risk not only to the institution of Islamic marriage, but also the parties’ freedom of contract.

عمل المرأة المسلمة وآثاره على الأسرة والمجتمع، وأثره على أحقيتها في المال المشترك

This research deals with the work of the Muslim wife, and the consequent disagreement between the spouses regarding it and the salary of the wife, and her entitlement to the joint money. This is because there is an urgent need at this time to rooting the saying about this issue, given the rapid developments that characterize this age. As the current life has made the exit of women to work essential in light of complex social and economic conditions, this issue has become one of the most serious issues that cause conflict and discord between spouses.
 The research uncovered the origin of marital disputes that may occur due to the wife's work and salary, and the money earned during marriage, and I followed the comparative analytical inductive approach in it. She divided it into an introduction, a preface - in which it clarified the objectives of Islamic law in marriage - and three topics: the first presented the rights and duties of the spouses, while the second came to explain the impact of a woman’s work on the family and society, then she allocated the third to the effect of her work on her entitlement to joint money.
 The research concluded that knowing the two parties to the marital relationship of each of their rights and duties works to stabilize the spouses, and defuse the discord and conflict between them. Women and men are partners in the architecture of human life and succession on earth. The woman is the basis of the family, the family is the most important human institution, and the good of society is subordinate to the good of the family. The more a society is based on respect and appreciation for women, the easier it will be in establishing their rights and the further from harming them. Good cohabitation requires that the wife not do anything except with the consent of her husband, and on top of those matters is her going out to work. The development occurred - negatively or positively - in Muslim societies led to the mixing of the spouses' money. The wife's contribution to her financial and intangible effort is the motivation behind establishing her share in the joint money. Therefore, the researcher recommends that the work be undertaken to restore the correct religious concepts to society, as the man learns fatherly experiences and the experiences of living within the family, and Islam's honor to women in order to eliminate the tendencies to reduce them and their humanitarian work. Women are made aware that work is not limited to material work with pay only, and that motherhood is the ultimate in work. Limiting the issuance of public fatwas regarding the wife’s work and salary, and looking at the outcome of judgments, and the purposes of Sharia when issuing a fatwa in which no Sharia text is mentioned. Fiqh councils and the role of fatwas should bring the reality on the table to research and fatwa. The use of reason and not rigidity on the rulings decided by our venerable jurists, as long as it does not deny an opinion on the subject of Ijtihad.

Rights of Maintenance of a Muslim Wife under Islamic Law: A Legal Analysis

Maintenance is one of the basic rights which the Islamic laws have provided for the Muslim women. Though there are plenty of general provisions in Shari’ah in favour of women, especially on inheritance and dower, men have been put under strict legal obligations for their women on matter of maintenance. Nafaqa, the Arabic synonym for ‘maintenance’, signifies all those things which are necessary to the support of life. It, therefore, comprehends food, raiment and lodging, though in common parlance it is limited to food other than luxurious items. A Muslim wife can claim it from her husband as a right. She is entitled to be maintained during subsisting of their marital life, and also during ‘iddat’ period which occurs after severance of their conjugal life. In Bangladesh, two primary statutes provide the provisions regarding maintenance, that is (i) The Muslim Family Laws Ordinance, 1961 (Ordinance No. VII of 1961) and (ii) The Family Courts Ordinance, 1985 (Ordinance No. XVIII of 1985). A wife, however, cannot claim maintenance as a right under some circumstances, such as on her status of a rebellious or nashizah whereby she denies to obey her husband. All these matters related to maintenance of the Muslim wife have been discussed in this article.

Editorial

The present volume of Bangladesh Journal of Islamic Thought (BJIT), as usual, contains articles, book reviews, translation note and conference report. The policy of BIIT is to publish articles in three languages namely, Bengali, English and Arabic to fulfill the demand of readers well versed in three languages. Farhana Chowdhury’s article “The Essays of Francis Bacon: Inspiring Perfection” emphasizes courage and motivation to win over difficulties of life. Her essays inspire its readers to live simply and attain perfection by conveying the need of unity and friendship among all, advocating the importance of knowledge, performing one’s responsibility to others, showing the ways to cheek evil temptation and cultivate the other virtues to face the challenges of life. The author encourages people to study Bacon's essays so that they are inspired to build a peaceful-society. Muhammad Nazmul Huda in “The Role of Social Media in Promoting Ethics, Morals and Values” suggests how social media could be utilized for promoting ethics (dawah) in the society especially by the religious leaders. The article on “Rights of Maintenance of a Muslim Wife under Islamic Law: A Legal Analysis” Jannatul Ferdaus maintains that Muslim laws have emphasized on the proper maintenance of a wife by her husband. She is entitled to maintenance all through her married life and also during iddat, the period after separation of married life.

Articulating the Optimal Features of a Good Muslim Wife: Some Qur’anic expressions that Affiliate with the Woman’s Perfect, Metaphysical and Real Worlds

This small-scale study investigates the optimal features of good Muslim woman. It aims to describe, interpret, and explain the rhetorical features of the properties the Qur’anic discourse (QD) maintains for both sexes and those it excludes for the good Muslim woman. The study benefits from corpus, i.e. text, linguistics for data collection. It also applies a critical discourse analysis (CDA) approach to the Quotes collected from the Noble Qur’an (NQ). The paper builds on Van Dijk’s 1998 model of analysis at the syntactic, semantic and schematic levels of the properties identified for a good Muslim woman. It has been found that the QD assigns ten properties to describe a good Muslim man and woman; they include submission, belief, obedience, truthfulness, faithfulness, humbleness, alms giving, fasting, chastity, and turning to Allah. Among these, the QD exclusively and inclusively lists ‘being resigned, believing, always turning to Him, being devoted to worship, fasting’, and ‘being a widow or a virgin’ as general semantic features for a good Muslim wife. It has been concluded that the properties identified for a good Muslim woman have directive, informative, meta-linguistic and affective functions. They are part of the sociology of Islam which accommodates the ontological principle of creating women as a different sex having other roles to play with the deontological theory of moral obligation to obey freely the other sex. The Qur’anic engineering tactfully goes beyond reconciling both sexes’ needs and roles to repair some social norms established and entrenched against the woman who has already experienced marriage before.

THE PRACTICE OF DOWER AND DOWRY IN MUSLIM MARRIAGE IN BANGLADESH: A LEGAL ANALYSIS

Dower and dowry have become two common terms of Muslim marriage in Bangladesh. Dower is an exclusive right of Muslim wife to receive a part of the husband’s income at any time after marriage. Though it enhances the status and security of the Muslim, there is a situation where a wife does not receive dower from husband due to various socio-legal reasons. Moreover, there is a situation where a woman loses her legal rights of dower while she is entitled under both the Shariah and statutory laws. Then, there is an occurrence where a woman and her family become the victims of dowry practice by the husband even though it is un-Islamic. Nevertheless, there are some challenges to recover the dower but a dowry victim does not receive justice from laws and tradition. The article analyses the challenges of woman’s right for dower practice under the Shariah and Statutory laws and the impact of the traditional practice of dowry offer some suggestions for improving the family justice in Bangladesh.

THE PRACTICE OF DOWER AND DOWRY IN MUSLIM MARRIAGE IN BANGLADESH: A LEGAL ANALYSIS

Dower and dowry have become two common terms of Muslim marriage in Bangladesh. Dower is an exclusive right of Muslim wife to receive a part of the husband’s income at any time after marriage. Though it enhances the status and security of the Muslim, there is a situation where a wife does not receive dower from husband due to various socio-legal reasons. Moreover, there is a situation where a woman loses her legal rights of dower while she is entitled under both the Shariah and statutory laws. Then, there is an occurrence where a woman and her family become the victims of dowry practice by the husband even though it is un-Islamic. Nevertheless, there are some challenges to recover the dower but a dowry victim does not receive justice from laws and tradition. The article analyses the challenges of woman’s right for dower practice under the Shariah and Statutory laws and the impact of the traditional practice of dowry offer some suggestions for improving the family justice in Bangladesh.

Maintenance to Muslim Divorced Women: An Overview

In common parlance the term Maintenance implies basic necessities of life which a person requires for the survival. Under the Muslim Law, the term ‘maintenance’ is called as ‘Nafaqa’ in Arabic terminology the term maintenance stand for the very word nafaqa which includes food, clothing, dwelling and other necessary articles, necessary for the livelihood and comfort of a woman. Under other personal laws a divorced wife is entitled to maintenance until her remarriage or indulgence in post-divorce adultery. But the Muslim law does not provide for any maintenance to a divorced wife after the period of Iddat. In case of Shah Bano when the controversy regarding the maintenance of divorced wife after iddat period is arose and Protection of Muslim Women Rights Act ,1986 was enacted in which there was a provision to pay a handsome and reasonable amount to a divorced wife by a hasband till the compilation of iddat period. The said provision backed by the holy Quranic provision in which the term “MATA” is used which implies handsome and reasonable amount for a divorced wife so that she can live her life after divorce in a dignity full manner. With respect to maintenance of divorce wife under the Muslim Law, the right of maintenance commences on divorce or when she comes to know of the divorce and ceases on the death of her husband, as her right of inheritance supervenes. In other cases where husband is alive and has divorced the wife, she can claim maintenance only during the Iddat period and not beyond that. The widow is therefore, not entitled to maintenance during the Iddat period commencing after death of the Husband. This rule has been a bone of contention and on this count there has been a debate in a society as to uniformity of the personal laws. Before the enactment of Protection of Muslim Women Rights Act ,1986 in Muslim law it was very easy for the husband to get or to give divorce to the Muslim wife, he can very easily escape the liability of providing maintenance to the wife. As mentioned above it is no longer obligatory for the erstwhile husband to provide maintenance beyond Iddat period. In this paper explain and clarify Muslim women maintenance under Muslim Personal law.

Remedies for Elder Abuse Victim under Islamic Family Law in Malaysia

Background: Elder abuse is a serious social problem that is a growing concern. In Malaysia, there is no specific legislation dealing with the issue of elder abuse but, abuse of the elderly is recognized as a form of domestic violence. The legislation dealing with matters pertaining to domestic violence are Domestic Violence Act 1994 (Act 521) (DVA) and Penal Code. These statutes are applicable to both Muslims and non-Muslims. Despite the growing literature on the issue of elder abuse in Malaysia and the legal protections offered by the DVA to the elderly victims, little has been written on the protections of the elderly abused victims among Muslims as provided under the under Islamic family law. Objective: This paper aims to explore the remedies available to the abused elderly provided under the Islamic Family Law (Federal Territories) Act 1984. Results: Syariah courts in Malaysia has jurisdiction to hear cases pertaining to family conflicts. The elderly Muslim wife who becomes a victim of domestic abuse can apply for orders in court for dissolution of marriage due cruelty or neglect of maintenance by husband. Besides, the neglected elderly parents have a right to claim maintenance from their children. Conclusion: The Islamic Family Law (Federal Territories) Act 1984 gives rights to the victims of domestic abuse to seek remedies for dissolution of marriage (in the case of a husband and wife) and to seek an order for maintenance in the case of parents.

The Rights and Freedoms of Moroccan Women: has the 2004 reforms benefited Moroccan Women?

Morocco has maintained its identity and adherence to the Islamic faith since before colonialism and after. As a result of such identity the Moroccan monarchy over the years developed the Code of Personal Status (referred to as the mudawana) which affected only the Muslim population. This type of family law was drawn mostly from Islamic doctrines with little or no participation of women. The mudawana has been criticised by many as being one-side and feminist groups have made numerous calls for a reformed mudawana that addressed the plight of women and to improve their status within the wider community. In 2004, the monarchy decided to reform the mudawana as a result of women’s groups pressuring the monarchy to do so. The 2004 reforms has the possibility of enhancing the rights of Moroccan women, for example, a wife is no longer legally obliged to obey her husband, contrary to a widely-held custom which regards obedience as an absolute duty of a Muslim wife, the minimum age for marriage for both parties eighteen years of age, including free and full consent. Polygyny has also been addressed. Although the 2004 version kept the concept of polygyny, there are severe restrictions to curtail this practice, for example, judicial authorisation is required as well as informing the current wife of the prospect. There are certain obstacles that seem to be hampering the full implementation of 2004 reforms which are discussed in this contribution.
 

Claiming Autonomy through Agency in a Patriarchal Structure

The Muslim marriage in Ghana is a hierarchical relationship which entails an authority and a subordinate. Husbands are the authorities while wives are the subordinates. The former has more power while the latter acts on the dictates of the former. Such is the structure of Muslim marriages at least at the theoretical level. Husbands are superior and wives are subordinates. However being subordinate does not imply one loses one’s capacity to act and decide for one’s own being. In this paper I would show through empirical research that the supposed subordinate and subservient Muslim wife alters the strand in search of autonomy.

Conversion Issues in Malaysia: A Challenge to Religious and Racial Harmony

There is a worrying trend recently of inter-religious cases which have fuelled angst amongst multiracial communities in Malaysia, and which threaten to disrupt racial harmony or dismantle the 1Malaysia Unity Framework. We refer to the recent case of a “Muslim” bride (named Zarina Majid) marrying her Hindu boyfriend of seven years.
 The earlier version of her story goes like this. Zarina was a product of the law which at its time allowed a unilateral conversion of minors by their parents who converted to Islam. Zarina’s parents married as Hindus in 1980. Her father converted to Islam at the urging of a relative while her mother remained a Hindu. It was reported that they remained in the “dual-religion” marriage for a good number of years, and Zarina said that her mother, being illiterate, did not realise that her children were Muslims. Her father registered them as Muslims in their birth certificates and in their MyKad (the national identity card). The problem arose when their father left his home after the birth of Zarina’s brother in 1990 and abandoned them. As a result of abandonment, Zarina was Muslim in name only, nurtured by her Hindu mother to become a practising Hindu, whilst the Muslim father moved on with his life presumably to marry a Muslim wife.

Conversion Issues in Malaysia : A Challenge to Religious and Racial Harmony

There is a worrying trend recently of inter-religious cases which have fuelled angst amongst multiracial communities in Malaysia, and which threaten to disrupt racial harmony or dismantle the 1Malaysia Unity Framework. We refer to the recent case of a “Muslim” bride (named Zarina Majid) marrying her Hindu boyfriend of seven years. The earlier version of her story goes like this. Zarina was a product of the law which at its time allowed a unilateral conversion of minors by their parents who converted to Islam. Zarina’s parents married as Hindus in 1980. Her father converted to Islam at the urging of a relative while her mother remained a Hindu. It was reported that they remained in the “dual-religion” marriage for a good number of years, and Zarina said that her mother, being illiterate, did not realise that her children were Muslims. Her father registered them as Muslims in their birth certificates and in their MyKad (the national identity card). The problem arose when their father left his home after the birth of Zarina’s brother in 1990 and abandoned them. As a result of abandonment, Zarina was Muslim in name only, nurtured by her Hindu mother to become a practising Hindu, whilst the Muslim father moved on with his life presumably to marry a Muslim wife.

Maintenance Right of Muslim Wife: Perspective, Issues & Need for Reformation

A Muslim divorced woman is placed separately and differently. Even the application of general law (Section 125 of Cr. P.C.) was subjected to the requirement of statuses & religion of a person (Muslim Divorced woman). When a deserted or destitute Muslim (divorced) wife who is unable to get maintenance by virtue of prohibition in Muslim Law, approaches & files application under Section 125 of Cr. P.C., the usual ploy adopted by the husband was to plead that he has already divorced his wife and hence he is not labile to pay maintenance. This argument became stronger after the enactment of Muslim Women (Protection of Rights on Divorce) Act, 1986. Fortunately, the judiciary has shown awareness towards the pitiable position of Muslim woman and has in real sense empowered Muslim women, especially divorced woman whose miseries are uncountable. The decision given by the Supreme Court in Danial Latifi case settles the law in favour of the divorced Muslim wife and vests her with a “constitutional right” to livelihood through maintenance(the beginning of which was made by a path breaking judgment of Supreme in Shaha Bano Case). The present Act invites more criticism than praise. The content of the Muslim Women (Protection of Rights on Divorce) Act, 1986 has left an opportunity to the judiciary to not only provide some relief to the deserted Muslim wives but also spur a countrywide debate on the need to look after them and not abandon them to destitution. It has expanded the horizons of the egalitarian motive of the Act. In fact, it becomes a need of the hour to do away with (maintenance) laws which are based on religion and which restrict the application of general laws with respect to the basic “livelihood” of the person as is guaranteed & envisaged under Article 21 of the Indian Constitution. So keeping in mind the guarantee of Livelihood State cannot enact or enforce those laws which takes away egalitarian “right to be maintained” by those who are under legal or/and moral obligation to maintain someone. State must try to enforce the mandate or requirement of a common civil code under Article 44 of the Indian Constitution at the least with respect to the some essential & basic aspects of personal laws.