ISSN:
0026-749X
Source:
Cambridge Journals Digital Archives
Topics:
Ethnic Sciences
,
History
,
Political Science
,
Economics
Notes:
Muslim law confers supreme authority in marital relations on the husband, to such an extent that the husband can unilaterally and extra-judicially dissolve the matrimonial bond by pronouncement of the verbal formula of divorce (talaq). The wife's position may be to some extent protected by the fact that her deferred dower becomes payable to her upon termination of the marriage by divorce or the death of her husband. However, the dower may either have been set at a minimal amount or have been severely reduced by intervening years of inflation so as to provide neither an affective restraint on the husband's exercise of his power of talaq nor much real assistance to the wife after she has been divorced and turned out of her husband's house. On the other hand, if the dower is set at such an amount as to constitute a real restraint on her husband in regard to his exercise of talaq and the marriage breaks down, the husband may refuse to divorce the Wife by talaq (since by doing so he would incur liability for the dower debt) and may suggest that she agree to a divorce by mutual consent (Khul' or mubara' a). However, a concomitant of a divorce by mutual consent is some financial remuneratioin by the wife to the husband; usually the husband requires the wife to relinquish her rights to dower. The wife may thus easily be placed in position of having to buy her way out of an unhappy marriage.
Type of Medium:
Electronic Resource
URL:
http://dx.doi.org/10.1017/S0026749X00007460
