Waiver of Wife's legacy and its impact on the validity of marriage contract in Islam

Mahdi Amin Mousa Almabrouk, Ahmad Muhammad Husni, Abdel Wadoud Moustafa Moursi El-Seoudi

Research output: Contribution to journalArticle

Abstract

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.

Original languageEnglish
Pages (from-to)1558-1561
Number of pages4
JournalAdvances in Natural and Applied Sciences
Volume6
Issue number8
Publication statusPublished - 2012

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Islam
marriage
Contracts
Marriage
Spouses
data analysis
Research

Keywords

  • Duty
  • Hajb
  • Islam
  • Jurists
  • Legacy
  • Waiver

ASJC Scopus subject areas

  • Agricultural and Biological Sciences(all)
  • Biochemistry, Genetics and Molecular Biology(all)
  • Chemical Engineering(all)
  • Engineering(all)

Cite this

Almabrouk, M. A. M., Muhammad Husni, A., & El-Seoudi, A. W. M. M. (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), 1558-1561.

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.

In: Advances in Natural and Applied Sciences, Vol. 6, No. 8, 2012, p. 1558-1561.

Research output: Contribution to journalArticle

Almabrouk, MAM, Muhammad Husni, A & El-Seoudi, AWMM 2012, 'Waiver of Wife's legacy and its impact on the validity of marriage contract in Islam', Advances in Natural and Applied Sciences, vol. 6, no. 8, pp. 1558-1561.
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. In: Advances in Natural and Applied Sciences. 2012 ; Vol. 6, No. 8. pp. 1558-1561.
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