Abstract

Recently, many calls have appeared in the Islamic world to adopt Western laws that give the divorced woman the right to half of her husband's money in the event of divorce, hence, this study aimed to examine (Hukm) the ruling  on a divorced wife sharing her husband in half of his money in Islamic jurisprudence (Fiqh), in an attempt to address one of the problems resulting from divorce, which is the wife's financial right to the money that the husband earned during marital life.

The argument was based on the notion that the wife is obligated to work inside the house, while she is prohibited from going out to work in order to carry out her duties towards her husband, therefore, her work at home has a financial value, and Alimony cannot be considered as full compensation for this work.

The study concluded that adopting the opinion of (Shafi’i) and (Zahiri) jurisprudence regarding the necessity of compensation for a divorced woman in all cases is a reasonable treatment for this problem.

Keywords: Divorce, Divorced woman, alimony, compensation.

Title

مجلة كلية الشريعة والقانون في جامعة الأزهر بطنطا

Publisher

جامعة الأزهر

Publisher Country

Egypt

Publication Type

Prtinted only

Volume

35

Year

2021

Pages

658 - 709