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Spousal Harm in the Mālikī Law School: Evidence and Procedure.
- Source :
-
Islamic Law & Society . 2024, Vol. 31 Issue 1/2, p1-29. 29p. - Publication Year :
- 2024
-
Abstract
- The Mālikī law school grants a wife the right to judicial divorce if her husband harms her. Mālikīs distinguish between harm that is legally actionable and harm that is non-actionable. A husband causes actionable harm (ḍarar) when he violates his wife's rights, which Mālikī scholars define broadly. By establishing ḍarar as grounds for divorce, Mālikīs demonstrate their willingness to limit a husband's marital authority and increase opportunities for a woman to leave her marriage. In this study, I highlight the types of evidence and procedures Mālikī jurists use to establish ḍarar and facilitate judicial divorce by examining four cases that deal with emotional, sexual, and physical harm. Through a substantive approach to law, Mālikīs offer several ways for a woman to collect evidence, prove her claim of harm, and receive a divorce. [ABSTRACT FROM AUTHOR]
- Subjects :
- *DIVORCE
*DIVORCE law
*LAW schools
*EDUCATIONAL law & legislation
*MARRIAGE
Subjects
Details
- Language :
- English
- ISSN :
- 09289380
- Volume :
- 31
- Issue :
- 1/2
- Database :
- Academic Search Index
- Journal :
- Islamic Law & Society
- Publication Type :
- Academic Journal
- Accession number :
- 177517114
- Full Text :
- https://doi.org/10.1163/15685195-bja10049