الفوارق الفقهیة بین الحرة والامة فی بعض مسائل النکاح
مجلة جامعة الأنبار للعلوم الإسلامیة,
2014, السنة 5, العدد 19, الصفحة 223-296
الملخصPraise and thanks are due to Almighty Allah and peace be upon his prophet Mohammed. According to the present study, the concluded points are as follows:
1. The dowry is given to a free woman, while a bondwoman is given the release.
2. The dowry is given to the free woman herself, but in the case of the bondwoman, the dowry is given to her master.
3. A free man can marry the free woman after the bondwoman, but he cannot do the opposite.
4. The contract of marriage is illegitimate if it is contracted with both bondwoman and free woman; hence the marriage of the bondwoman is not legitimate, but of the free woman is legitimate.
5. The free man can marry one bondwoman if he is aware of committing adultery; he cannot the free woman's dowry. He can marry four free women as it is adhered to.
6. The free woman has the two thirds of the portion; while the bondwoman has only one third.
7. The free woman has the right to oust her spouse; the bondwoman does not have this right.
8. If the man is well-to-do, he should pay the cost of servicesــ in the case of the free woman, if he is poor, providing services is not obligatory. He is not obliged to purvey servants in the case of the bondwoman.
9. When the spouse intends to travel, he should choose one free woman, by lottery, to travel with him. The bondwoman must not travel anyway.
10. It is a fact that the free man is chastened with the free woman. However, he is not chastened with the bondwoman.
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