An Islamic Jurisprudential-Law Study on the Couple’s Right about Living in a Share House

Abstract

Although the Civil law has no explicit law for husband to live under the same roof with wife, the social custom considers that as the sign of a good relationship with the wife. Also according to the legislation it is mandatory to live in a share house during the waiting period (iddah) after the revocable divorce, though there is a tendency to live separate according to the approval of the social custom. In other word, the social approval is strong enough to let the divorced couple live apart from each other; contrary to the law. Regarding marriage and divorce, the question is if one spouse refuses to live in a share house is it possible to make them carry out the rule? What is the guarantee of its implementation? The findings show that although living or not living together is applicable at signing point it is seen as the right of husband and prerequisite to a best socializing with the wife. Declining this right is subject to the husband’s consent.

Keywords

• marriage
• revocable divorce
• residence
• rights and decrees