AN ANALYSIS OF AL-QISM AS A CO-WIFE’S RIGHT IN ISLAMIC LAW

The nght of Al-Qism (allocation of nights among wives) is very wide, it covers not only allocation of nights between co-wives by a husband, but it equally extends to the house or apartment to be given to each wife. The right of Al-Qism or allocation of nights among co-wives has remained a very recurrent and challenging one. It has been subjected to much misunderstanding and abuse, sometimes due to ignorance of its true nature and significance under the Sharia. It is in the light of the above that this paper principally aims at assessing some important aspects of the matter of Al-Qism as one of the fundamental right of co-wives over their husbands under Islamic Law. 2.0 THE DEFINITION OF AL-QISM Literally, al-Qism means: a division or portion.’ Technically, the word al- Qism has been defined differently by the Muslim jurists. For example, Maliki and Shafi’i schools of law define it as: “giving of equal rights by the husband to his co-wives”.” The Hanafi school defines it as: “The obligation upon a husband to give equal rights to his wives in terms of feeding, clothing and allocation of nights”. But Hanbali School defines it as: “distribution of times by a husband to his wives.