An Islamic Jurisprudential and Legal Analysis of a Married Couple’s Disagreement over Home Furnishings

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One of the most important discussions in financial relations between the husband and the wife is their ownership of home furnishings. In the course of married life, the couple possess the property placed in their home and this common possession arises fromtheir dwelling in single house. Thus, the couple faces problems when discerning of owner and determining the ownership of property. The important issue that the present article also addresses is that in case of a couple’s disagreement over home furnishings to whom does these furnishings belong? Different views have been expressed by Islamic jurists and legal scholars concerning this issue. It seems that the root of these differences in their views are to be searched in entered news and different understanding of possession rule and local usage. This research with due attention to the famous Islamic jurists, opinion, statute and existing usage in the community draw conclusion that in the issue of couple dispute on the furniture one should judge the ownership of each of them regarding the private use of property and concerning the common property the concentration first should be paid to the community usage on the dowry of women and in absence of usage one should judge the equality of couple in ownership.

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Biannual Journal of Family Law And Jurisprudence
Volume 21, Issue 65 - Serial Number 2
December 2016
Pages 83-106

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