The Rights of the Husband Between Islamic Law and Civil Law

Abstract

This research examines the rights of the husband in Islamic Sharia and civil law, by collecting Qur’anic verses and Prophetic traditions related to the husband’s rights, followed by an analytical explanation of their legal implications. The study also reviews the opinions of classical jurists regarding issues such as authority (qawāmah), obedience, marital intimacy, travel regulations, financial rights, visiting parents, and other rulings governing marital life. The research aims to highlight the comprehensiveness of Islamic legislation in preserving family stability and balancing the rights and duties between spouses, in addition to clarifying the differences between Sharia-based conceptions of marital rights and certain contemporary legal applications. The researcher employed an inductive-analytical methodology through tracing scriptural texts and juristic opinions, analyzing them, and extracting relevant rulings. The study concludes that the husband’s rights are firmly established through explicit texts, and upholding them ensures family stability and fulfills the Sharia objectives of harmony, affection, and mercy within marriage.