Appraisal of Misconception of Retirement of Wife (Istibdāluz-Zawjah) and Incorrectly Practice Ware under Islamic Family Law
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Date
2021
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Al-Hikmah University Journal of Islamic Law (HUJIL)
Abstract
Marriage and divorce are parts of the natural identity of human beings that has been given ample attention within socio-cultural, religious and political studies. The position of Islamic law is that “Female vulva is prohibited in principleالأَصْلُ فِي الأَبْضَاعِ التَّحْرِيمُ”. As a result, Islam vehemently prohibits free intermingling between people of opposite sex. Permissibility of sexual and all other marital relationships with a woman are strictly restricted into only two means viz nikāh and milkul-yamin. Sūratul-Muminun23, verses 5-7. Therefore, marriage under Islamic law is “a contract for the purpose of legalising sexual intercourse and the procreation of children. It is purely a civil contract, the terms of which depend, within very wide limits, on the will of the consenting parties, and to the validity of which no religious ceremony is necessary”. Lawful cohabitation of husband and wife relies on existence of the bond of marriage. Once it broke via any means, man and woman can no longer legally cohabit. However, the practice of “wāre” which is retirement of a wife and replace her with another wife, seems to be a misconception, misunderstanding, misinterpretation of aim of istibdāluz-zawjah subsequently misapplication and therefore, an inconsistent with the laws regulating nikāh and talāq, to the extent that it may lead to marrying more than four wife at time. This paper reviewed the practice. Our findings revealed that there is misapplication along the line and therefore made recommendations accordingly.
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ELESIN AMJ (2021), Appraisal of Misconception of Retirement of Wife (Istibdāluz-Zawjah) and Incorrectly Practice Ware under Islamic Family Law”, Al-Hikmah University Journal of Islamic Law (HUJIL)