Evidence locus: Towards New Foundations for Islamic Jurisprudence, p. 255.
Intended Meaning
The intended meaning is that the marital home does not cease to be the wife’s right after divorce; rather, it remains hers, without the husband having the right to exclusively claim it. This forms part of an argument that regards divorce as a mutual right of both spouses, while housing remains the wife’s entitlement.
Atom Structure in the Atlas
- Argument type: legislative
- Argument movement: establishes the wife’s right to the house after divorce.
- Central terms: the house, the wife’s right, divorce.
- Degree of centrality: foundational.
It preserves housing as a right of the wife and prevents divorce from being turned into a means of dispossessing her of the house or allowing the husband to claim it exclusively.
Links That Aid Reading
- Muhammad Shahrur, Towards New Foundations for Islamic Jurisprudence
- Women, Family, and Dress
- Divorce Is a Mutual Right, and the House Remains the Wife’s
Basis
- Supporting text: “The house remains the wife’s right.”
Degree of Documentation
- Level: directly documented
- Meaning of the level: the atom is based on explicit evidence closely corresponding to the wording of the claim.
- Limits of interpretation: the wording above is an analytical summary and should not be treated as a verbatim quotation unless the evidence is cited word for word.
Its Function in the Book
Its function here is declarative: it establishes a conclusion on which the subsequent course of the argument depends.
Related To
Note for the Reader
The atom gives housing a legal-rights meaning after separation.