Cases in Which a Wife’s Share is Forfeited: A Comparative Jurisprudential Study 10.35781/1637-000-161-004

Abstract

Abstract This study aims to clarify the concept of a wife’s share in overnight stays among co-wives, examining its jurisprudential meaning and its significance in achieving the justice mandated by Islamic law. It also identifies the cases in which a wife’s share is forfeited, whether such forfeiture occurs voluntarily or out of necessity. The study adopts an inductive analytical methodology and is structured into an introduction and three main sections. The first section discusses the forfeiture of a wife’s share when she relinquishes or donates it. The second section examines the forfeiture of this share in cases of a wife’s recalcitrance .The third section addresses the forfeiture of the share when the husband travels away from her due to a valid excuse or need. The study concludes with several findings, the most significant of which are: a wife may lawfully relinquish or donate her share of overnight stays, and she may grant her night to one of her co-wives, provided the husband consents. It also establishes that a wife’s share is nullified in cases of recalcitrance. Keywords: Wife’s Share, nullification, marriage.