Friday 04 June 2021
Books – Muhammad Qadous:
After “Masrawy” published a picture of a father giving up the list of marital possessions for his daughter-in-law, contenting himself with the phrase, “He who is entrusted with the offer does not ask for money. Fear God in our generosity.” The father is in a legitimate right of the rights of his daughter.
“Masrawy Islamiyyat” directed a question about the legal opinion in that incident to Dr. Abu Al-Yazid Salama, the legal researcher in the sheikh of Al-Azhar Al-Sharif, who pointed out that the origin of marriage is that it is based on principles of affection, mercy and cooperation in righteousness and piety between men and women, and Islam has established rights for all From the spouses in the marriage of her, for example, the dowry that Islamic law obligated on the man and made it a right for the woman when marrying her.
As for the list of movables, Abu al-Yazid said in it: The list did not appear in Islamic history except recently and in our dear country exclusively as a means of ascertaining the rights of women from the husband, especially after the religion has weakened among some people and the widespread neglect by many husbands of their wives rights in the event of disagreement or divorce. Shari’a does not prevent the writing of the list; Because it is a custom that does not violate the law.
The researcher explained that it is established by the jurists that the known is known as a conditional condition, as well as if the two parties attach it to the woman’s dowry; Because the dowry is not required to be money only, but everything has a financial value, and allows Shara guardian or a woman can finally be married without dowry, citing the words of God Almighty and lawful to you what of the meaning that you may seek your wealth immune is Msavhan what enjoyed them from them, then give them their wages as an obligation, and there is no blame on you for what you have agreed upon after the ordination} [النساء: 24].
The Sharia has attached the solution to the condition of seeking money, and the Shariah allows the woman to waive some of her right with her consent, citing the saying of God Almighty in this: [النساء: 4]،.
Abu al-Yazid emphasized that the list, since it is not one of the obligatory dowry, and since the guardian trusted the husband for his honesty, morals, and piety, and the wife agreed to waive writing the list with self-acceptance and without coercion or coercion or through the sword of modesty, there is no objection to that in Shariah.
The legal researcher at Al-Azhar stressed that the husband should appreciate that woman who is considered a trust that God has given him, so he preserves her, protects her, honors her, and does not oppress her rights.
But if the bride refuses this waiver, it is never permissible for anyone to waive her right, even if the guardian is; Because the guardian is, in the end, an expresser and ambassador of the woman’s desire, so it is not permissible for him to oppress her rights or to give up some of them.