Exploring the Effects of Immodesty on the Wife's Financial Rights in the Holy Quran

Document Type : Original Article

Author

Faculty Member of Islamic Culture and Thought Institute, Member of Association of Islamic Jurisprudence and Law of Seminary School (hedayat47@gmail.com).

Abstract
The term "fahsha" (indecency) and its derivatives are frequently mentioned in the verses of the Holy Quran. In some verses, the term "fahisha" with the qualifier "mubayyinah" (gross) is recognized as having implications for the financial rights of the wife. According to verse 19 of Surah An-Nisa, "fahisha mubayyinah" (gross indecency) is considered an exception to the prohibition of oppression (’adhil), allowing the husband to make life difficult for his wife to reclaim part of the dowry. Additionally, in the first verse of Surah Al-Talaq, "fahisha mubayyinah" affects the divorced wife's right to housing and causes its forfeiture. The concept of "fahisha mubayyinah" in these verses has been the subject of much debate among commentators and jurists, with various interpretations, such as general concept of sin, disobedience, acts contrary to modesty, acts that necessitate hudud (punishments), and harassment of the husband's family. This study, using a descriptive-analytical method and relying on the context of the verses and supporting narrations, concludes that acts contrary to modesty result in the reduction of dowry and the forfeiture of the woman's right to housing during the 'iddah (waiting period) of revocable divorce.

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