The use of conjugal rights between arbitrariness and governing controls in light of the provisions of Islamic Sharia and positive law

• Main Authors: Alfzari, Ali Mohamed, Rosman, Arieff Salleh
• Format: Article
• Language: English
• Published: International Journal Documentation & Research Institute (IJDRI) 2022
• Subjects: H Social Sciences (General)
• Online Access: http://eprints.utm.my/104721/1/ArieffSallehRosman2022_TheUseofConjugalRightsbetweenArbitrariness.pdf; http://eprints.utm.my/104721/; http://dx.doi.org/10.5281/zenodo.6326004

This research aims to explain the abuse of right theory, clarify the concept of arbitrariness, clarify the controls of arbitrariness in Islamic law as well as the rule of Islamic Sharia in the arbitrariness of the husband. The researcher adopted the scientific inductive reasoning method by tracing the information related to the subject of the research from its own perspective, and the analytical method was also adopted in analyzing and commenting on some issues related to the subject of research. The researcher concluded several results as follows: The concept of arbitrariness is not exotic to the Islamic jurisprudence, as it was mentioned by Muslim scholars in many chapters of their writings of jurisprudence, but under another nameand different terms, ones of which are: intransigence, abuse, and blameworthy use. The meaning of arbitrariness isthe contradiction between the intention of the guardian and the intention of the wise legislator in exercising a legal right in the original, and a person shall be considered abusive and arbitrary in the use of his right if he intends to exercise his legal right only to cause annoyance, harm, or injury to another, or to use it for a purpose other than the interest for which it was prescribed. The media plays a major role in sensitizing members of society about the dangers of the arbitrariness of the husband and abusing the right of his wife and the impact of this abuse on the Muslim family stability, as well as its impact on the school curriculum.