Islamic Law of Marriage and Divorce and the Disabled Person
The Case of the Epileptic Wife
Bibliographic Data
| ID | 3893202 |
|---|---|
| Authors | Vardit Rispler-Chaim (1Haifa), Vardit Rispler‐chaim (corresponding author) |
| Year | 1996 |
| Volume | 36 |
| Issue | 1 |
| Pages | 90-106 |
| Publication date | 1996-01-01 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | Die Welt des Islams (JOURNAL) |
| Journal identifiers | ISSN: 0043-2539 • E-ISSN: 1570-0607 |
| Publisher | Walter de Gruyter GmbH (PUBLISHER • DE) |
| DOI | 10.1163/1570060962597689 |
| OpenAlex | W2081625275 |
| Language | EN |
| Citations received | 3 |
Being disabled is primarily a medical problem, which may become a social problem, especially when the handicap is noticeable or when it disturbs the functioning of the individual within society. In Islamic law, in addition to the medical and social aspects, it is apparent that being handicapped raises legal issues as well. Since Islamic law encompasses all fields of life, private and public, spiritual and material, and since the handicapped are naturally involved in all these fields, some mention of disabled people is likely to appear in various legal subjects. Obviously not every handicap which is recognized by medicine is also mentioned in Islamic legal literature. The handicaps which are specified are those which are relevant to a particular field of law and on which the jurists have taken some stand. For example, although in the literature there is no section on dumbness, the status of the dumb would be discussed in sections on legal procedure regarding testimony, divorce and marriage, prayer, criminal law, etc. In such procedure dumbness may have an impact determining its validity. Within one legal subject various handicaps may be discussed. Concerning divorce, for example, a group of disabilities which justify immediate dissolution are listed. Next, it is specified which handicaps should be tolerated for a while by the healthy spouse before a request for dissolution is made. There are of course handicaps that should not influence the validity of marriage at all. The severity of the handicap influences the financial implications to both the healthy and the sick spouses upon dissolution. I suggest that the attitudes towards certain handicaps at a given point in time mirror essential tenets and characteristics of the society
Islam · Political science · Sharia · Spouse · Subject (documents) · Wife · History · Law · Linguistic, Cultural, and Literary Studies · Marriage and Family Dynamics · Psychology
| Unique citing works | 3 |
|---|---|
| Citations per year | 0,6 |
| Citation span | 2021 - 2022 (2) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 1 |