MARRIAGE NEGOTIATIONS IN ISLAMIC LAW - TOWARDS A BETTER GOOD?
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https://doi.org/10.55662/Abstract
Negotiation is the process of reaching an agreement by the process of a detailed discussion between the parties. It is an important component of ADR and is increasing adopted by people and corporations in daily life both in their commercial and domestic affairs. It will be wrong to consider negotiation is a compromise as both the parties to the negotiation. In a negotiation, each person gets something in exchange for giving something their partner wants. In compromise, neither partner gets what they want. They often settle on some middle ground between two ends of an issue, with the result that neither is satisfied with the solution. Therefore, negotiation agreements are better than compromise as both the parties get what they want but on negotiated terms. Both the parties feel that they have an equal say in the agreement, and they do not feel deprived of their satisfaction.
This paper examines the issue whether negotiations in marriage under Islamic law can improve the positions of women to bargain a better living. It establishes how a smart negotiation before entering into a marital contract can uplift the social status of women both during their subsistence or on dissolution of their marriage by analyzing various techniques of negotiations.
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