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Financial Responsibility ( Al Themma ) of Woman in Islamic F

 
 
dyadak
 
Reply Sun 28 Feb, 2010 03:03 am
Financial Responsibility ( Al Themma ) of Woman in Islamic

Abstract Thank to God the god of all beings and peace be upon Muhammad, the final prophet and his family, companions and followers. This research discusses the idea of " Financial Responsibility (Al Themma) of Woman in Islamic Fiqh " and it has been presented as a completion of the requirements for a Master degree in Fiqh and Islamic Law in the Faculty of Higher Studies / at An Najah National University under the supervision of Dr. Jamal Zaid Al-Kilani. In this research the researcher has discovered that the woman has a financial responsibility ( Themma ) that is independent from that of man regardless of the kind of relationship between the two. This research has come with a preface, four chapters and a conclusion: In the Preface I discussed: the status and position of woman generally other nations and pointed out to the degree of advancement that Islam has reached in its treatment of woman and how it sees her. Islam has given woman all her rights, especially her financial ones, and then I talked about some of the suspicions and misconceptions that are raised about woman which take away many of her financial rights. I have presented those suspicions and misconceptions and showed their falseness depending on evidences and proofs. In the First Chapter I discussed : the nature of woman's financial responsibility ( Al Themma ) and its relationship with competence or qualification. Also, the way a woman is qualified to use her money, to work and gain pointing out to the restrictions and results. In the Second Chapter I have talked about rights in general, including financial rights, that is, I have specified this chapter to talk about the dowry which is a financial right specified for the wife. I have also illustrated the way Islam has guaranteed the woman's right to have the dowry and to use it. While in the Third Chapter: I have talked about the woman's inheritance which is a financial right for her given to her by God. I also showed the conditions of women regarding the inheritance along with evidences for each case. Finally in the Fourth Chapter I have talked about the expenditure that others have to pay for the woman and the expenditure that the woman should pay for others. Those rights ( Special Income, Dowry, Inheritance and Expenditure ) are considered the assets of a woman's financial responsibility (Al Themma ), and is some cases, the woman is required to carry out financial duties towards others and in this case those duties are considered the liabilities of her financial responsibility (Al Themma). Therefore, the woman's financial responsibility ( Al Themma ) consists of two parts or elements, the assets and the liabilities. The first part: the assets are the positive incomes ( The financial rights ). The second part: the liabilities are the negative outcomes ( The financial duties). Combining the first and second parts we will have a special financial responsibility ( Al Themma) for the woman without any restriction or condition taking into consideration the nature of this responsibility ( Al Themma ) which is a proposed description whose existence is presumed in the human being in which his rights and duties are identified. Woman shares with other human beings the existence of her (Al Themma) and its independence, but differs from all other humans in her financial rights, whether they are males or females, young or old. It is also important to separate between the responsibility ( Al Themma ) and its elements since it should not be mixed with its elements (Assets and Liabilities ) or (Rights and Duties ). This separation distinguishes the Islamic Fiqh from the human law that mixed between this responsibility (Al Themma ) and its elements.

Full Article

http://www.najah.edu/thesis/5171857.pdf
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