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 monopolize it. This comes within a broader view that sees divorce as a mutual right between the spouses, while housing remains for the wife.
The Atom’s Structure in the Atlas
- Type of argument: 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: Primary.
It preserves housing as a right of the wife, and prevents divorce from becoming a tool for wresting the house away or monopolizing it by the husband.
Links That Help Reading
- Muhammad Shahrur Toward New Principles for Islamic Jurisprudence
- Women, Family, and Dress
- Divorce Is a Mutual Right and the House Remains for the Wife
Reliance
- Supporting text: «“The house remains the wife’s right”».
Degree of Documentation
- Level: Directly documented
- Meaning of the level: The atom is based on an explicit witness close to the formulation of the claim.
- Limits of reading: The wording above is an analytical summary, and should not be treated as a verbatim quotation unless the witness is reproduced textually.
Its Function in the Book
Its function here is declarative; it establishes a result on which what follows in the course of the argument depends.
Related to
Editorial Note
The atom gives housing a legal meaning after separation.