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Muslim Woman; only one Name and one Personality

5135 2010/11/12 2024/05/20
Article translated to : العربية

therefore, the wife's properties and income remain fully at her disposal because taking care of her and her children falls under the responsibilities of the husband. [71] no matter how rich the wife may be, she is not obliged to participate in providing for the family unless she volunteers and chooses to do that. moreover, the spouses inherit each other. in addition, the wife retains her separate legal personality and the name of her family after marriage. [72] a u.s.judge has once commented on the rights of muslim women saying: "a muslim girl can marry tens of times and this does not affect her individual personality by ex-husbands. she is like a solar planet that has a name and a legal personality of its own." [73]

 if it becomes hard for her

islam gives woman the right of khul'[1]

 however, if the two partners decide to terminate their marriage relationship, islam gives the husband the right to divorce and, contrary to judaism, gives the woman the right to terminate the marriage through what is known as khul'. [74] if a man divorces his wife it is impermissible for him to take anything from what he her.  the noble qur'an openly prohibits this whatever the gift may be valuable and precious: "and in case you are willing to exchange a spouse in place of (another) spouse, and you have brought one of them a hundredweight, (literally: a kantar) then do not take anything of it. will you take it by way of all-malicious (calumny) and evident vice?" (tmq, 4: 20) but if the woman chooses to end her marriage she can return marriage gifts to her husband, in this case, this is compensation for the husband who wants to keep his wife while she chooses to leave him. the noble qur'an orders the muslim man not to take any gifts from his wife unless she chooses to dissolve the marriage: "divorce is twice; then retention with beneficence or release in fairness. and it is not lawful for you to take anything of whatever you have brought (the women) except (in case) they both fear that they may not keep within (literally: keep up) the bounds of allah. so, in case you fear that they may not keep within (literally: keep up) the bounds of allah, it is no fault in them (both) for her to ransom herself. those are the bounds of allah; so, do not transgress them; and whoever transgresses the bounds of allah then those are they (who are) the unjust." (tmq, 2: 229)


[1] the parting of a wife, i.e. divorce, from her husband by giving him certain compensation. initiated by the wife


[71] abdel-haleem abu shuqqa, tahreer al mar'aa fi asr al risala (kuwait: dar al qalam, 1990) pp. 109-112

[72] leila badawi, "islam", in jean holm and john bowker, ed., women in religion (london: pinter publishers, 1994) p. 102

[73] amir h. siddiqi, studies in islamic history (karachi: jamiyatul falah publications, 3rd edition, 1967) p. 138.

[74] sabiq, op. cit., pp. 318-329. see also muhammad al ghazali, qadaya al mar'aa bin al taqaleed al rakida wal wafida (cairo: dar al shorooq, 4th edition, 1992) pp. 178-180.

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