The legality of divorce and its connection with the objectives of Islamic law

Authors

  • Dr. Mohammad Assaf Faculty of Da`wah and Fundamentals of Religion Al-Quds University
  • Jum'a Hamdan Faculty of Da`wah and Fundamentals of Religion Al-Quds University

Keywords:

Key words: divorce, family order, purposes of legislation, personal status.

Abstract

This research deals with the issue of the dissolution of the marriage contract by divorce, the legality of divorce, and its connection with the objectives of Islamic law, because divorce is the most appropriate solution as it takes place in marital life and is dominated by discord and conflict between the spouses, so it turns from affection and mercy into an unbearable hell and unbearable torment.

This research aims to demonstrate the importance of controlling the family system, and that the legitimate purpose of divorce is to provide relief to both parties when the integrity of marital life is difficult.

The research began with the topic of defining divorce in language and convention, and the evidence for the legality of divorce and the wisdom of its legislation were studied, then the controls that limit the occurrence of divorce between spouses, the types of divorce, and the clarification of how the legality of divorce relates to the purposes of Islamic law.

A set of results have been reached, the most important of which is that the regularity of families in the ummah has a great impact on building its civilization, and that Islamic law has put in place controls that limit its presence in society to protect the family from its negative effects.

Among the most important recommendations is that work must be done to spread awareness between the spouses and to clarify the Sharia rulings related to divorce, and the responsible authorities must provide decent livelihoods for people to limit the occurrence of divorce.

Key words: divorce, family order, purposes of legislation, personal status.

 

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Published

2021-01-15

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Articles