Waiving the Division among Wives: A Comparative Jurisprudential Study

Abstract

This  research to explain the concept of a wife's waiving her division in the case of multiple wives, the ruling of this waiving and its description, as well as a woman's granting her night and its compensation.

I divided this research into an introduction, a preface, three chapters, and a conclusion. I spoke in the introduction about the importance of the topic, the reasons for choosing it, the methodology followed in it, previous studies, and the research plan. I spoke in the preface about defining the terms of the title of the research, so I defined waiving linguistically and terminologically, then I defined division linguistically and terminologically. After that, I spoke in the first chapter about the ruling on the division between wives and its description. In the second chapter I spoke about the grant of the division. In the third chapter I spoke about the compensation for the division. Thenceforth, I mentioned the most important results that I reached in the conclusion, among which: that giving up the right of a division linguistically means abandoning the right of a division from one or both spouses, and that its meaning does not deviate from the linguistic meaning in the opinions of jurists, as it refers to abandoning the right that was due to him/her; and that division linguistically is partitioning the thing, what is meant is distributing the nights between the wives, and the scholars unanimously concur that it is obligatory to divide the nights between the wives if the husband initiates the division between them. This consensus was conveyed by many scholars, and they inferred the obligation of dividing with several pieces of evidence from the Holy Qur’an and the purified Sunnah of the Prophet. I followed the  analytical approach in my research.