1. Husband's Flaws And The Demands Of The Objectives Of Shari'a: A Study Of The Viewpoints Of Fuqahaa
- Author
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Muhammad Amir Hamza, Sadia Noreen, Mamoona Anjum Noor
- Subjects
Flaws, Husband, Shariah, Jurists, Viewpoints, School Of Thought - Abstract
Islam is the religion of leniency and ease which asserts to take all measures to save its followers from hardships and troubles.Since Islam teaches haleness and safety,therefore forbids fraud in trade and selling defective things.But if this flaw relates to the husband then the wife can be granted the right to repeal the Nikah as per the demands of the objectives of Shari’a.The reason for it is the fact that husband can have four Nikah at a time in islam, while the wife cannot do so.Therefore the objectives of Shari’a demand to save the wife from this trouble. But it's important to remember that Islam is a well-balanced religion that opposes violating anyone's rights. Because of this, the wife does not have the authority to dissolve the nikah for any flaws in her spouse; despite the fact that jurists (fuqahaa) have identified several physical, sexual, mental, and psychological flaws in the husband that allow the wife the right to dissolve the nikah.However, a complete cancellation of Nikah as a result of these flaws would be against Shari'a's principles, because the needs of the objectives of Shari'a require persistence and permanence; which are to be kept in mind by the couple.Therefore,the flaws of husband can be a reason for the revocation of Nikah by the wife only if the flaw is a permanent one and it will be certainly cause harm to the wife.
- Published
- 2023
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