Jurisprudential and Legal Examination of Marital Relationship Engineering
Keywords:
Jurisprudence and law, choosing a manager, financial rights, sexual rights, the rule of necessity of socializing in a good mannerAbstract
The foundation, reinforcement, and continuity of marital life depend on love, affection, mutual understanding, respect, and the recognition and observance of each other's rights. The noble religion of Islam, in order to promote and sustain the environment and structure of the family unit, has established rights for both spouses and, in return, has defined corresponding obligations for them. Based on this, the present study adopts a documentary-analytical method with the aim of conducting a jurisprudential-legal investigation into the engineering of marital relationships across four domains: selection of a manager (head of household), financial rights, sexual rights, and the rule of living together in accordance with custom (maʿrūf) in marital relations. The conducted investigations reveal that individual selfishness and legal shortcomings often lead to seemingly lawful abuses within the legal system governing family, particularly in the rights-based interactions between husband and wife. This study examines the legal nature of such abuses, evaluates methods of prevention and response, and, by emphasizing the jurisprudential and legal basis of the rule of living together in accordance with custom, proposes suitable solutions within the framework of Islamic law and civil jurisprudence.
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