DISOBEDIENCE OF THE WIFE: ITS PROVISIONS AND EFFECTS ACCORDING TO THE LAW AND ISLAMIC LAW, A COMPARATIVE STUDY
Keywords:
Social, Civilized Or Cultural, Husband And WifeAbstract
The place of disobedience must be of great importance in family life. That is why Islam, with all its legislation, is keen to preserve family life and combat all behaviors that would destroy this intimacy between family members, especially with regard to what is between husband and wife, which is the main pillar of the family and its formation. Hastening to put in place the necessary measures to reform the family’s affairs when any dispute arises that would lead to a dispute between spouses to reduce the possibility of divorce and the dissolution of the family bond. Therefore, we discussed in the first section of this research the definition of disobedience and its cases in jurisprudence and law. As for the second topic, we referred to disciplinary measures. The wife and its effects, then the results and recommendations we reached, and God grant us success.
References
Muhammad bin Abi Bakr bin Abd Aqadir Al-Razi, Mukhtar Al-Sahah, Dar Al-Resala, Kuwait, 1403-1982, Bab Najd, p. 660.
Surat Al-Mujadila, Verse No. 11.
Surat An-Nisa, Verse 128.
Ibn Manzur, Lisan Al-Arab, Part 5, Chapter Al-Zai, Noon chapter, pg. 417-418.
Ibn Kathir: Interpretation of the Great Qur’an, Part 1, p. 654.
Muhammad bin Jarir al-Tabari, Jami’ al-Bayan on Interpretation of the Qur’an, Volume 2, p. 558, revised by Dr. Salah Abdel-Fattah Al-Khalidi, Damascus, Dar Al-Qalam, Beirut, 1, 1997.
Seyyed Ali al-Sistani, may God sustain his shade, issue 350, Minhaj al-Salihin, Book of Marriage in Chapter Eleven of the Rulings of Disobedience and Discord.
Muhammad Alaa Al-Din: Al-Durr Al-Mukhtar Sharh Tanweer Al-Absar, Volume 3, pg. 576.
Fakhr Al-Din Othman bin Ali Al-Zayli, Explaining the Truths, Explanation of the Treasure of
Minutes, Volume 3, Pg. 52, 2nd Edition, Dar Al-Kitab Al-Islami, Cairo - Egypt.
Muhammad ibn Abi al-Abbasi Ahmad ibn Hamza ibn Shihab al-Din al-Ramli, The End of the Needy to Explain the Curriculum on the Doctrine of Imam al-Shafi`i, vol. 6, p. 206, Mustafa al-Babi al-Halabi Press, Egypt.
Al-Habib Bin Taher, Al-Maliki Jurisprudence and Evidence, Volume 3, Edition 3, Al-Maaref Foundation, Lebanon, 2005, p. 333.
Abdullah bin Ahmad Al-Maqdisi Ibn Qudamah, Al-Kafi fi Fiqh of Imam Ahmad bin Hanbal, Volume 3, investigated by Muhammad Faris and Masoud Abdul Hamid Al-Saadi, Dar Al-Kutub Al-Ilmiyya, Lebanon, 1997, p. 92.
Saleh bin Ghanem Al-Sadlan, Disobedience - its controls - its cases - its causes - methods of prevention - means of its treatment in the light of the Holy Qur’an, 4th edition, Kingdom of Saudi Arabia - Riyadh, pp. 18 and 19.
Mohsen Al Asfour, Personal Status Law according to Jaafari jurisprudence, Dar Al Safwa, p. 299.
Ahmed bin Muhammad Al-Ghazali, The Mediator in the Doctrines, Part (5), Investigated by Muhammad bin Thamer, Dar Al-Salaam for Printing and Publishing, 1997, p. 305.
Muhammad Alaa Al-Din, previous reference, pg. 576.
Religious reference Ayatollah Sayyid Ali Al-Husseini Al-Sistani, may his shadow be the inheritor, previous source, issue 350.
Abi Barakat Ahmad Ibn Ahmad Al-Dardeer, Al-Sharh Al-Saghir on the Closest Path to the Doctrine of Imam Malik, Volume 1, Pg. 511
Sheikh Mohsen Al Asfour, Personal Status Law according to Jaafari Jurisprudence, previous source, p. 299.
See the text of Article (25), paragraph (1) of the Iraqi Personal Status Law No. 188 of 1959, and Dr. Ahmed Al-Kubaisi, Al-Wajeez explaining the Personal Status Law with its amendments, marriage and divorce and its effects, vol. 1, p. 104.
See the text of Article (25), paragraph (2) of the Personal Status Law No. 188 of 1959.
Decision of the Iraqi Federal Court of Cassation, Judgment Type of Discrimination, Judgment No. 806 Personal Status Authority on March 8, 2012 AD.
Surat An-Nisa, verse 34.
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