The Wife’s Employment Condition and Its Effect on Her Right to Seek Divorce on the Grounds of Financial Hardship: (A Jurisprudential and Legal Study).

Abstract

This study examines an aspect of the marriage contract that is commonly stipulated in marriage agreements, namely, the condition permitting the wife to work and its effect on her right to seek divorce on the grounds of the husband’s inability to provide maintenance. It addresses the study’s central question: Does the condition permitting the wife to work affect her right to seek divorce due to the husband’s inability to provide the maintenance to which she is entitled? The study adopts a jurisprudential and legal approach and is divided into four sections. The first section examines the concept of contractual conditions and related matters. The second addresses maintenance, including its definition, legal basis, and related provisions. The third discusses the husband’s inability to provide maintenance, including its concept and legal rulings. The fourth examines the effect of the wife’s employment condition on her right to seek divorce on the grounds of financial hardship from both Islamic jurisprudential and legal perspectives. The study concludes with a discussion of its general and specific findings. It ultimately concludes that the condition permitting the wife to work precludes her right to seek divorce on the grounds of the husband’s inability to provide maintenance, as it negates the wife’s legal obligation to devote herself exclusively to her husband.