WOMEN'S RIGHTS BETWEEN THE PURPOSES OF SHARIA AND THE JURISPRUDENTIAL INDUSTRY

The expert reader of the texts regarding the marital bond and the rights involved with it that are mentioned in the Qur’aan and Sunnah finds their basis on love and compassion, and it is a sign of God in creation .. Whereas some scholars of the Islamic jurisprudence have looked at the elements of marriage contract in a similar way as they treat the contracts of benefits and their elements. The jurisprudential differences have thus denied the meaning of the Quranic verse explicitly which says “and [He] put between you [spouses] affection and mercy,” The examples may include the prohibition of washing the dead body of one’s spouse because of the interruption of the benefit of the marriage contract! Therefore, is the marriage contract, in which God has put love and compassion between spouses just like other contracts of benefit which expire by the end of benefit, or does it have special characteristics different from the rest of the contracts? . Understanding of the above results in understanding the rights of spouses in particular the rights of the wife, and what was said in understanding the marital bond could be said about their rights. God has equated spouses in marital rights, and singled husband with one right and that is “stewardship.”
The research will answer all the above questions by taking from the certain verses of the Quran regarding the purposes of the marital bond and their rights, and by deriving from the Prophetic Sunnah with a focus on the jurisprudential opinions and endeavours of the companions of the Prophet , may God bless them, and specifically including the scholar of the ummah and its representor, Abdullah bin Abbas, may Allah be pleased with them , who understood the purposes of legislation in Islam and were not influenced by the jurisprudential art as some scholars were influenced by it.