This research addresses the topic of the financial system between spouses from a jurisprudential, foundational, and comparative perspective, as one of the most significant aspects influencing the stability of marital life and the regulation of mutual rights between the two parties. The study aims to clarify the Islamic legal foundations that govern financial relations between spouses, explain the boundaries of each spouse’s financial liability, and outline the methods of managing joint funds and distributing them in cases of separation or divorce.

The research seeks to establish the concept of the financial system between spouses in Islamic jurisprudence, and to examine its compatibility with contemporary economic and social developments, while presenting a maqāṣid-based jurisprudential vision that ensures justice and family stability. The study employs the inductive, descriptive, analytical, and comparative methodologies, by tracing relevant Qur’anic and prophetic texts and juristic opinions, analyzing them in light of the higher objectives of Islamic law (maqāṣid al-sharīʿa), and comparing them with modern legal applications in personal status laws.

The study concludes that the financial system in Islamic jurisprudence is founded on the independence of each spouse’s financial liability, while permitting financial partnership when based on mutual agreement or recognized custom. Islamic law ensures justice in distributing financial rights and duties, and encourages cooperation and complementarity between spouses without compromising their financial independence. The research also emphasizes the importance of documenting financial agreements between spouses to prevent disputes, and the need to develop contemporary legislation in harmony with the purposes and spirit of Islamic law.

Title

مجلة جامعة الزيتونة الدولية

Publisher

جامعة الزيتونة الدولية

Publisher Country

Syria

Publication Type

Online only

Volume

39

Year

2025

Pages

30