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All Journal Al-Jami'ah: Journal of Islamic Studies Syariah: Jurnal Hukum dan Pemikiran Journal of Islamic Law Al-Manahij : Jurnal Kajian Hukum Islam JURIS (Jurnal Ilmiah Syariah) Legal Protection for the Partnership Agreement Parties
Raihanah Abdullah
Associate Professor at the Department of Shariah and Law, Academy of Islamic Studies, University of Malaya and is currently a Deputy Director of Center for Civilisational Dialogue, University of Malaya
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Al-Jami'ah: Journal of Islamic Studies

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Inserting Stipulation Pertaining to Polygamy in a Marriage Contract in Muslim Countries Abdullah, Raihanah
Al-Jamiah: Journal of Islamic Studies Vol 46, No 1 (2008)
Publisher : Al-Jamiah Research Centre, Sunan Kalijaga State Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/ajis.2008.461.153-169

Abstract

Generally, Islam permits a wife to stipulate any conditions in a marriage contract. The Muslim jurists however differed in determining the validity of certain conditions and terms upon which their marriage is to take place. One of the controversial conditions is that the wife includes a condition pertaining to polygamy in the marriage contract. It is interesting to note that the practice of inserting stipulations pertaining to polygamy is not a new practice or unusual among many Muslims in the Middle East. Therefore, this article seeks to discuss the possibilities to adopt the Hanbalite’s principles on this matter in muslim countries where the Shafi’ite school of thought is predominantly followed. This article argued that by allowing the wife to insert stipulations pertaining to polygamy in a marriage contract does not go against Islam. This is because stipulations in the marriage contract are often aimed at preventing such eventuality and also protecting the position of women should it come to prevent.
Co-Authors Ahmad Subakir, Ahmad Batubara, Samin Gusti Muzainah Hasbi, Muhammad Amirul Hasbi, Muhammad Amirul Iqbal Kamalludin Khoiruddin Nasution Mat Hussin, Mohd Norhusairi bin Mat Hussin, Mohd Norhusairi bin Nur Wakhidah Prihasmoro, Adi Sadiani Siti Musawwamah Sufiarina Teguh Mulyo, Mufrod Trianah Sofiani Yayan Sopyan