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Title A Study of Doctrine of Legal Capacity of Woman in Islamic Family Law

Author(s) Farhan Mehmod

Abstract The present research endeavors to explore the legal capacity doctrine in Islamic law particularly in the context of woman’s position as the subject of Islamic Family Law. The aim of the research is to determine the true nature of legal capacity of woman defined in Islamic family law. It is provided that Allah almighty has made woman a subject of law equally as man on the basis of humanity based on the doctrine of dhimmah. However, owing to presentation by Muslim jurists of female subject especially in Islamic family law resulted in deficit capacity of woman. After discussing the status of woman and family law in Qur’an and ḥadith the research explains the doctrine of Legal Capacity especially effects of impediments on woman’s legal capacity. The research after answering the basic question concentrates on legal capacity of woman in Islamic family law mainly in marriage contract and dissolution of marriage. While exploring the nature and significance of woman’s legal capacity in marriage in Islamic law the research focuses inter alia on the consent of woman in marriage contract along with the true role of guardian in that contract, woman’s capacity to get dower and maintenance, issues relating to justice in polygamy and various restriction in marital relation upon woman. While exploring the legal capacity of woman regarding dissolution of marriage the research mainly considers the divorce by husband, al-khul by wife, delegated divorce and the issues relating to waiting period (iddah). After exploring all the relevant issues that explains the true nature of the legal capacity of woman in Islamic family law the research finally concludes that ultimate goal of marital relations as provided by the teachings of Quran and Sunnah can be achieved by considering the capacity of woman absolute in marital relations as Islam has granted to the Muslim woman.

Type Thesis/Dissertation PhD

Faculty Social Sciences

Department Islamic thought & Culture

Language English

Publication Date 2020-10-26

Subject islamic Studies

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