الثلاثاء , يونيو 25 2024

Effect of custom on determining wife’s maintenance

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The research deals with the impact of custom on determining the alimony required by the wife from her husband.

The research indicates the definition of custom linguistically and idiomatically, and its impact on determining alimony. Through the report of the doctrines of the four Imams in explaining the required amount in the expense of food, service, housing, medicine, hygiene, and toiletry.

Then the research explains what the custom in our contemporary time regarding the amount has been of what the husband owes the wife in all of this, as many husbands do not know the amount of alimony required, and at the same time, many women exaggerate in their requests for alimony, and cause their husbands to suffer hardship and embarrassment.

Islam denies harm to any side and clarifies the necessity of mediating between extravagance and frugality. There is no doubt that custom has a significant impact on this. Allah the Almighty commanded spouses to cohabitate in a reasonable manner, so it was necessary to determine alimony based on what people are accustomed.

In my research, I have found that alimony is what the husband spends on his wife in terms of food, clothing, housing, service, and all the necessary bedding, covers, and household utensils; and all of that is according to what custom requires. So whatever custom considers obligatory to provide, it is the husband’s duty to do so, even if scholars previously said that it is not obligatory, such as medicine. In my research, I followed the method of descriptive induction with analysis, and the induction was general to explain the opinions of the Imams on this matter.

Keywords: Alimony. The Custom.

Dr. Öğretim.Üyesi: Sohaib abdulraheem HAMEED, Lecturer at the Department of Islamic Studies, Faculty of Sharia, Yalova University – TÜRKİYE

Omar Mahmoud ALKANNAS, Postgraduate student at the faculty of sharia, Yalova university- TÜRKİYE

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