ISSN: 2265-6294

The right of Dowry Remission: Study in Islamic jurisprudence and Arab systems

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Yahya MohammedAl-Khalilah

Abstract

All Praise be to Allah, and prayers and peace be upon His Prophet, Muhammad bin Abdullah, and the peace upon His family and companions, and those who followed his guidance and his path until the Day of Judgment. The Islamic law is still and will remain a complete Sharia, inclusive of all human requirements, and regulating the lives of individuals and groups. One of the characteristics of Islamic law is its honouring of women and preserving their rights. It obliges them to have marital rights, the most important of which is the right of the dowry (money gifted by a bridegroom to his wife on their marriage). For this reason, the dowry is considered one of the wife's financial rights over her husband and one of the effects of the marriage contract. According to the Sharia, the woman has the right to pardon all or part of her dowry or donate it after receiving it. Likewise, the right to pardon in Arabic rules is left to the wife only, which indicates that she is the owner of the right. In forgiveness also, guardians have no authority to pardon or degrade the dowry approved by law for women. That is contains the most important terms related to the subject of the research, the legality of the dowry and its governance in Islamic law and Arabic rules and the dowry types and the right to pardon in Islamic law and Arabic rules.

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