Wife's Right to Her Husband's Property that is Disputed by Them both: a juristic study

Abstract

This research study addresses the perspective of Islamic jurisprudence on the right established for a wife in her husband’s property that is disputed by them both, especially after termination of their marital relationship. The research problem lies in that many women, upon their separation from their husbands, believe that theirhusbands’ financial welfare was only a result of their own assistance in undertaking marital responsibilities. This research study attempts to answer the question raised in such-cases: What are the rights established for women against their husband in case they claim so?. The study seeks to highlight the objectives - of the Shari'ah behind marriage and legalization of divorce, and to illustrate the established as a woman’s right in her husband’s property which she should have shared with him or substituted him in managing, through different considerations. The significance of the study lies in the emergent need for investigating it due to contemporaty occurrences. This study builds on a descriptive and deductive comparative approach, along with a referential and applied method based on the juristic maxims and Shari'ah objectives, drawing only onjpreponderant legal opinions; outweighed views and their proofs are noit-mentioned in this study.