Wife’s Abandonment in Fiqh and Omani Status Law

Abstract

This article attempts to clarify the Sharia’s point of view concerning wife abandonment, the objectives that Sharia intends to achieve in this regard, the instances in which abandonment considered arbitrary, and the legal position of the Omani Personal Status Law in relation to this topic. Based on induction, analytical and critical methodologies the article come out with number of results; such as that abandonment is defined in Sharia as a discriminatory penalty. Omani Personal Status Law does not regulate abandonment directly, but it has many articles that could be utilized judicially in relation to arbitrary abandonment such as prohibiting physical and emotional harm to the wife, divorce for damage , and determining the ilaa period. In his research, the researcher followed several methodologies to achieve several goals. The first is the inductive approach to follow the relevant Sharia, fiqh and legal texts. The second is the comparative analytical approach to know the documents of the opinions discussed and their meanings compared between the juristic opinions and the law. The third is the critical approach to weighting and the statement of the researcher's point of view. The researcher has reached several results, the most important of which is that abandonment is legitimately included in the punitive punitive sanctions and has uses in many sections. The researcher recommended the inclusion of a special legal article on abandonment in the personal status law outlining cases of arbitrariness in abandonment

Keywords

• Arbitrary, abandonment, marriage, wife, Omani law, personal status.