فاس نيوز ميديا جريدة الكترونية جهوية تعنى بشؤون و أخبار جهة فاس مكناس – متجددة على مدار الساعة
The jurisprudence of “Kad and Siya’a” is an Islamic legal concept that recognizes a woman’s right to a share of the family wealth based on her contribution, whether through work outside the home or domestic labor. This concept has deep historical roots and is witnessing modern legal applications, especially in Morocco, where ongoing debates continue regarding the scope and development of this right.
Explanation of the Concept and Historical Origins
The jurisprudence of “Kad and Siya’a” refers to the legal rules granting a wife a portion of the wealth accumulated during marriage through her efforts. Its origin dates back to the era of Caliph Umar ibn al-Khattab, who ruled in the case of Habiba bint Zuraik, who contributed to her husband’s wealth through weaving and embroidery. Umar decreed that Habiba receive half of the wealth, while the other half was divided among the heirs according to Islamic law, thus establishing the legal basis for this right in Islamic jurisprudence.
Scholars, especially from the Maliki school, emphasized the financial independence of women, citing Quranic verses such as: “For men is a share of what they have earned, and for women is a share of what they have earned” (Quran 4:32). Various fatwas also affirm the wife’s right to share in the husband’s wealth based on her efforts.
Legal Applications in Morocco
Since 2004, Morocco has incorporated the right of “Kad and Siya’a” into its Family Code, where Article 49 guarantees the financial independence of spouses and allows agreements on managing jointly acquired wealth. Moroccan courts have issued rulings awarding wives financial compensation for their contributions to household work and child-rearing, even without formal agreements.
In December 2024, the Supreme Council of Scholars, chaired by King Mohammed VI, discussed proposed amendments to the Family Code addressing this right, reflecting efforts to enhance justice and equality within the family.
Debates on the Scope and Development
There is ongoing debate about whether domestic tasks such as cooking and cleaning fall under the scope of this right. Some jurists, like Abu Thawr and Al-Tabari, consider household work a wifely duty without entitlement to compensation, while others, including Malik, Al-Shafi’i, and Abu Hanifa, view it as optional and deserving of remuneration if it contributes to family wealth.
Contemporary fatwas, notably the 2022 call by Al-Azhar’s Grand Imam, have urged the revival of this right to protect working women’s contributions, taking into account modern social and economic contexts.
International Developments and Recent Calls
In February 2022, Grand Imam Ahmad Al-Tayeb of Al-Azhar called for reviving the fatwa on “Kad and Siya’a” to protect women’s rights in contributing to their husband’s wealth. The International Islamic Fiqh Academy also issued resolutions affirming women’s financial independence and their right to own, manage, and dispose of their property without the husband’s permission.
These initiatives reflect Islamic law’s commitment to preserving women’s dignity and safeguarding their rights amid contemporary changes.
Summary
The jurisprudence of “Kad and Siya’a” is an Islamic legal principle aimed at ensuring fairness between spouses regarding wealth acquired during marriage, considering the wife’s contributions whether direct through work or indirect through domestic tasks. Rooted in a well-established historical tradition, this right is evolving through legal and jurisprudential developments that respond to societal changes, while ongoing discussions seek balanced applications that uphold rights and preserve family harmony.
| Topic | Details |
|---|---|
| Historical Roots | Dates back to Caliph Umar ibn al-Khattab, case of Habiba bint Zuraik |
| Legal Applications | Part of Morocco’s Family Code since 2004, with proposed amendments in December 2024 |
| Debate | Scope of domestic work inclusion, calls for fatwa development |
| International Developments | 2022 call by Al-Azhar’s Grand Imam, resolutions by the International Islamic Fiqh Academy |
