Abstract

I have searched in Emam Ibn Salmoon Al-Maliki’s opinions and formed that he was an authoritative source among scholars in his time. He was one of the diligent followers of Al-Maliki school. He had certain peculiar opinions in various issues and problems where he was outstanding. Among these issues were that the orphan girl needs mercy and kindness; she shouldn’t be married against her will, that silence is the sign of acceptance of the virgin lady when asked for her hand unless she becomes spinster, that the husband shouldn’t take what he has given to his wife as dowry, whether in cash money or in species if she does not condition that the husband should not threaten his wife or frighten her so as to pay him money or clothes, that the wife is allowed to divorce herself if she has condition that on her husband (as having the divorce decision), that repudiation for money is considered one irrevocable divorce, that a slave can be divorced or repudiated without a permission from his master, that the wife should not be maltreated or misbehaved, that the husband is not allowed to put a condition on his wife to spend on his young child or breast feed him for more then two years, that the waiting period for the divorced and pregnant women ends with delivery, that the wife of a lost or absent man is not allowed to ask for divorced unless a period for which the lost cannot live has lasped, that the expenses of giving back home the divorced women should be paid by the husband, that the husband should not prevent his wife from visiting her kids, except when such a visit might damage her relation with her husband, that it is permissible for the wife to live with her husband’s relatives, that it is permissible for the young son of the husband or the wife to live with them if he was not a child of both, that it is permissible for the husband to refund what he paid for his divorced wife during her pregnancy if it turned out that she was not pregnant, that if the husband claims that he is unable to spend on his wife, his claim should be sound and he should not be separated from his wife and that the expenses of the lost, absent or prisoned should be paid from his money, should he have any.

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