{"product_id":"the-right-of-a-sui-juris-woman-to-make-and-break-the-marriage-contract-9781636484341","title":"The Right of a Sui Juris Woman to Make and Break the Marriage Contract","description":"\u003cp\u003e • Author(s): Muhammad Farooq\u003cbr\u003e • Publisher: Eliva Press\u003cbr\u003e • Publisher Imprint: Eliva Press\u003cbr\u003e • BISAC: General\u003c\/p\u003e\u003cp\u003eMuslim marriage is a union where there exists a set of rights offered or agreed as a whole. This study explores the woman's right to marry as a paramount element in contracting marriage. It details the role of the Muslim woman in concluding and negotiating her marriage through related issues, \u003ci\u003einter alia\u003c\/i\u003e: the marriage guardian, the virgin's legal capacity to give consent and how that consent is to be given or understood. The doctrine of \u003ci\u003ekafā'a\u003c\/i\u003e (equality) between the spouses is also discussed. The concept of \u003ci\u003ewilāyah \u003c\/i\u003e(male guardianship) is a desire of control position for the man and the idea of \u003ci\u003ekafā'a\u003c\/i\u003e limits the woman's choice in marriage. Both these are the result of jurists' analogical reasoning. As such, both concepts are used in a bid to keep the man's upper hand in the marriage. \u003cbr\u003eThe woman's right to dissolve the marriage is also analysed. The Shari'ah, as well as law in Pakistan, permits both husbands and wives to initiate divorce at different channels. The study, stresses on honourable exit route from marriage and assesses the divorce process as initiated by the wife, like in \u003ci\u003ekhul' \u003c\/i\u003e(ransom), \u003ci\u003ekhiyār-ul-bulūgh\u003c\/i\u003e (option of puberty) and \u003ci\u003eṭalāqe-tafwīḍ \u003c\/i\u003e(delegated divorce). What emerges out of this exposition is that these are absolute, unqualified and legally enforceable rights of hers.\u003cbr\u003eBased on androcentric interpretations of primary sources of Shari'ah, in Pakistan, a strongly patriarchal society, the making and breaking of the marriage is left almost solely to the males' discretion. Here, this authoritative view is weighed against the Muslim family laws applicable in the country.\u003cbr\u003eThis research reveals a significant gap between women's \u003ci\u003ede jure\u003c\/i\u003e rights and the \u003ci\u003ede facto\u003c\/i\u003e exercise of their rights in Pakistan. For this reason, despite landmark laws enacted, and the reforms made so far to protect women's marital rights, women continue to be confronted by profound disadvantages in marriage and divorce regimes, hoping that one day things will take a positive turn.\u003cbr\u003eIn this study, at every stage, the author states the position of classical Islamic law and it's interpretations that has given rise to the issues in modern times and then explains how courts through fresh interpretations have resolved these issues.\u003cbr\u003e\u003c\/p\u003e","brand":"Eliva Press","offers":[{"title":"Paperback","offer_id":45541493964951,"sku":"9781636484341","price":6332.0,"currency_code":"INR","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0666\/3471\/1191\/files\/9781636484341.webp?v=1767905101","url":"https:\/\/atlanticbooks.com\/products\/the-right-of-a-sui-juris-woman-to-make-and-break-the-marriage-contract-9781636484341","provider":"Atlantic Books","version":"1.0","type":"link"}