Governing Regulations of Spousal Rights Dowry (Mahr)-Financial Support (Nafaqah)-Custody (Al-Hadanah) in Islamic Jurisprudence and UAE Law-Comparative Study

The family is foundational to society, acting as the primary environment for nurturing children and significantly influencing communal health.Islam has long prioritised family stability, establishing frameworks to protect against social decay and preserve integrity.This study examines the legal principles governing marital rights, focusing on Mahr, Nafaqah, and Al-Hadanah within Islamic jurisprudence and UAE law.Marital rights are a sensitive yet essential aspect of Islamic jurisprudence, as these laws preserve family cohesion and ensure that individuals receive the divinely ordained rights necessary for harmonious coexistence.The structured approach in Islamic jurisprudence supports marital stability and respectful treatment, even in cases of marital dissolution, fostering dignified relations and reducing adversarial outcomes.Additionally, these regulations provide children with an environment free from parental conflicts, supporting their psychological and emotional development in a stable family setting.The findings of this study reveal that Islamic jurisprudence comprehensively addresses issues surrounding Mahr, Nafaqah, and Al-Hadanah, ensuring that no legal aspect is neglected.The diversity of interpretations within Islamic law further allows individuals to adopt rulings that best suit their unique circumstances, offering a degree of flexibility viewed as a form of mercy.UAE legislators have incorporated Islamic jurisprudential principles into family law to address potential deficiencies and clarify ambiguities, underscoring the value of Islamic jurisprudence in fortifying family stability.This integration highlights the role of Islamic principles in enhancing family resilience, which in turn contributes to broader societal welfare and cohesion.

Authors

Publication Details

Journal
International Journal of Academic Research in Business and Social Sciences
Published
2024-12-26
DOI
https://doi.org/10.6007/ijarbss/v14-i12/23463
Primary Topic
Islamic Finance and Banking Studies
Type
article
Field-Weighted Citation Impact
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article

Governing Regulations of Spousal Rights Dowry (Mahr)-Financial Support (Nafaqah)-Custody (Al-Hadanah) in Islamic Jurisprudence and UAE Law-Comparative Study

Arieff Salleh Rosman, Mohammad Naqib Hamdan, Ali Al Malih Al Fazari
International Journal of Academic Research in Business and Social Sciences
Islamic Finance and Banking Studies
article

Governing Regulations of Spousal Rights Dowry (Mahr)-Financial Support (Nafaqah)-Custody (Al-Hadanah) in Islamic Jurisprudence and UAE Law-Comparative Study

Arieff Salleh Rosman, Mohammad Naqib Hamdan, Ali Al Malih Al Fazari
article en

Abstract

The family is foundational to society, acting as the primary environment for nurturing children and significantly influencing communal health.Islam has long prioritised family stability, establishing frameworks to protect against social decay and preserve integrity.This study examines the legal principles governing marital rights, focusing on Mahr, Nafaqah, and Al-Hadanah within Islamic jurisprudence and UAE law.Marital rights are a sensitive yet essential aspect of Islamic jurisprudence, as these laws preserve family cohesion and ensure that individuals receive the divinely ordained rights necessary for harmonious coexistence.The structured approach in Islamic jurisprudence supports marital stability and respectful treatment, even in cases of marital dissolution, fostering dignified relations and reducing adversarial outcomes.Additionally, these regulations provide children with an environment free from parental conflicts, supporting their psychological and emotional development in a stable family setting.The findings of this study reveal that Islamic jurisprudence comprehensively addresses issues surrounding Mahr, Nafaqah, and Al-Hadanah, ensuring that no legal aspect is neglected.The diversity of interpretations within Islamic law further allows individuals to adopt rulings that best suit their unique circumstances, offering a degree of flexibility viewed as a form of mercy.UAE legislators have incorporated Islamic jurisprudential principles into family law to address potential deficiencies and clarify ambiguities, underscoring the value of Islamic jurisprudence in fortifying family stability.This integration highlights the role of Islamic principles in enhancing family resilience, which in turn contributes to broader societal welfare and cohesion.

International Journal of Academic Research in Business and Social SciencesVol. 14(12)
Gender equality
Openalex Percentile: Top 60%
Islamic Finance and Banking Studies
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