Spousal Harm in the Mālikī Law School: Evidence and Procedure
The Mālikī law school grants a wife the right to judicial divorce if her husband harms her. Mālikīs distinguish between harm that is legally actionable and harm that is non-actionable. A husband causes actionable harm (ḍarar) when he violates his wife’s rights, which Mālikī scholars define broadly....
Main Author: | |
---|---|
Format: | Electronic Article |
Language: | English |
Check availability: | HBZ Gateway |
Journals Online & Print: | |
Fernleihe: | Fernleihe für die Fachinformationsdienste |
Published: |
Brill
2024
|
In: |
Islamic law and society
Year: 2024, Volume: 31, Issue: 1/2, Pages: 1-29 |
Further subjects: | B
Divorce
B Harm B Evidence B ḍarar B procedure B Marriage |
Online Access: |
Volltext (lizenzpflichtig) Volltext (lizenzpflichtig) |
Summary: | The Mālikī law school grants a wife the right to judicial divorce if her husband harms her. Mālikīs distinguish between harm that is legally actionable and harm that is non-actionable. A husband causes actionable harm (ḍarar) when he violates his wife’s rights, which Mālikī scholars define broadly. By establishing ḍarar as grounds for divorce, Mālikīs demonstrate their willingness to limit a husband’s marital authority and increase opportunities for a woman to leave her marriage. In this study, I highlight the types of evidence and procedures Mālikī jurists use to establish ḍarar and facilitate judicial divorce by examining four cases that deal with emotional, sexual, and physical harm. Through a substantive approach to law, Mālikīs offer several ways for a woman to collect evidence, prove her claim of harm, and receive a divorce. |
---|---|
ISSN: | 1568-5195 |
Contains: | Enthalten in: Islamic law and society
|
Persistent identifiers: | DOI: 10.1163/15685195-bja10049 |