Separation Between Spouses Due to Non-Spending and the Financial and Non-Financial Consequences in Islamic Jurisprudence and Bahraini Family Law: A Comparative Study

Abstract

This study aims to concept and provisions from the separation of spouses due to non-maintenance clarify the financial and non-financial consequences resulting under the Islamic jurisprudence and new Bahraini Family Law enacted in 2017. The study adopts an inductive method by examining the separation between spouses for non-maintenance and the associated financial and non-financial implications in both legal and jurisprudential contexts, as well as a descriptive method by comparing specific details regarding the rulings on the financial and non-financial consequences of separation for non-maintenance in Islamic law and Bahraini family law. The study revealed the permissibility of separating spouses for non-maintenance in both Islamic jurisprudence and Bahraini family law, indicating that it constitutes a revocable divorce unless it completes the three divorces according to the Maliki school of thought. The financial consequences of separation due to non-maintenance under Bahraini family law include detailed provisions related to the dowry, maintenance, inheritance, and wills, while the non-financial consequences include specific rulings regarding the waiting period (iddah), reconciliation (raj'ah), custody, and lineage.