Waiver of wife’s legacy and its impact on the validity of marriage contract in Islam

This research paper tries to explore the law of legacy as well as waiver of legacy and its impact on the validity of marriage contract. The objective of this study is to know whether waiver of legacy is acceptable in Islamic Law and to how extent it could affect the validity of the marriage contra...

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Main Authors: Almabrouk, Mahdi Amin Mousa, Muhammad Husni, Ahmad, El-Seoudi, Abdel Wadoud Moustafa Moursi
Format: Article
Language:English
Published: American-Eurasian Network for Scientific Information (AENSI Publisher) 2012
Subjects:
Online Access:http://irep.iium.edu.my/70086/
http://irep.iium.edu.my/70086/1/15-%202012%20-%20%281558-1561%29%20Waiver%20of%20Wife%E2%80%99s%20Legacy%20and%20its%20Impact%20on%20the%20Validity%20of%20Marriage%20Contract%20in%20Islam.pdf
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author Almabrouk, Mahdi Amin Mousa
Muhammad Husni, Ahmad
El-Seoudi, Abdel Wadoud Moustafa Moursi
author_facet Almabrouk, Mahdi Amin Mousa
Muhammad Husni, Ahmad
El-Seoudi, Abdel Wadoud Moustafa Moursi
author_sort Almabrouk, Mahdi Amin Mousa
building IIUM Repository
collection Online Access
description This research paper tries to explore the law of legacy as well as waiver of legacy and its impact on the validity of marriage contract. The objective of this study is to know whether waiver of legacy is acceptable in Islamic Law and to how extent it could affect the validity of the marriage contract. Deductive qualitative data analysis of verses of Al-Quran and of texts of Hadith was employed to answer two research questions: do husband and wife have the right to waive their right of legacy before signing the contract? What is the impact of this condition on the validity of the contract of marriage? Finding showed that husband and wife do not have the right to waive legacy of each other and the condition of waiver of legacy is invalid but the marriage contract is valid.
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institution International Islamic University Malaysia
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language English
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publishDate 2012
publisher American-Eurasian Network for Scientific Information (AENSI Publisher)
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spelling iium-700862019-04-18T03:57:36Z http://irep.iium.edu.my/70086/ Waiver of wife’s legacy and its impact on the validity of marriage contract in Islam Almabrouk, Mahdi Amin Mousa Muhammad Husni, Ahmad El-Seoudi, Abdel Wadoud Moustafa Moursi KBP Islamic Law This research paper tries to explore the law of legacy as well as waiver of legacy and its impact on the validity of marriage contract. The objective of this study is to know whether waiver of legacy is acceptable in Islamic Law and to how extent it could affect the validity of the marriage contract. Deductive qualitative data analysis of verses of Al-Quran and of texts of Hadith was employed to answer two research questions: do husband and wife have the right to waive their right of legacy before signing the contract? What is the impact of this condition on the validity of the contract of marriage? Finding showed that husband and wife do not have the right to waive legacy of each other and the condition of waiver of legacy is invalid but the marriage contract is valid. American-Eurasian Network for Scientific Information (AENSI Publisher) 2012-10 Article PeerReviewed application/pdf en http://irep.iium.edu.my/70086/1/15-%202012%20-%20%281558-1561%29%20Waiver%20of%20Wife%E2%80%99s%20Legacy%20and%20its%20Impact%20on%20the%20Validity%20of%20Marriage%20Contract%20in%20Islam.pdf Almabrouk, Mahdi Amin Mousa and Muhammad Husni, Ahmad and El-Seoudi, Abdel Wadoud Moustafa Moursi (2012) Waiver of wife’s legacy and its impact on the validity of marriage contract in Islam. Advances in Natural and Applied Sciences, 6 (8 (October-December)). pp. 1558-1561. ISSN 1995-0772 E-ISSN 1998-1090 http://www.aensiweb.com/old/anas/2012/1558-1561.pdf
spellingShingle KBP Islamic Law
Almabrouk, Mahdi Amin Mousa
Muhammad Husni, Ahmad
El-Seoudi, Abdel Wadoud Moustafa Moursi
Waiver of wife’s legacy and its impact on the validity of marriage contract in Islam
title Waiver of wife’s legacy and its impact on the validity of marriage contract in Islam
title_full Waiver of wife’s legacy and its impact on the validity of marriage contract in Islam
title_fullStr Waiver of wife’s legacy and its impact on the validity of marriage contract in Islam
title_full_unstemmed Waiver of wife’s legacy and its impact on the validity of marriage contract in Islam
title_short Waiver of wife’s legacy and its impact on the validity of marriage contract in Islam
title_sort waiver of wife’s legacy and its impact on the validity of marriage contract in islam
topic KBP Islamic Law
url http://irep.iium.edu.my/70086/
http://irep.iium.edu.my/70086/
http://irep.iium.edu.my/70086/1/15-%202012%20-%20%281558-1561%29%20Waiver%20of%20Wife%E2%80%99s%20Legacy%20and%20its%20Impact%20on%20the%20Validity%20of%20Marriage%20Contract%20in%20Islam.pdf