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إكراه الزوج على الطلاق في الفقه الإسلامي دراسة مقارنة مع نظام الأحوال الشخصية بالمملكة العربية السعودية.
- Source :
-
Al-Andalus journal for Humanities & Social Sciences . Mar2024, Vol. 11 Issue 91, p54-90. 37p. - Publication Year :
- 2024
-
Abstract
- The study aims to know the ruling on forced divorce in Islamic jurisprudence, compared to the personal status system. To reveal his choices and goals. The descriptive and analytical approach was adopted to explain its effect on the occurrence of divorce, the extent of the judiciary’s authority to impose it, and when it is classified as an annulment in jurisprudence compared to the system. The researcher concluded that the Maliki school of thought is the least restrictive of the judge’s authority to effect divorce. As for the Shafi’is and Hanbalis, they restrict its authority to its rhythm, and prefer the side of annulment. To avoid wasting the husband’s credit and violating his private right to it. The system chose jurisprudence that prevents the judge from divorce at all, and distinguished between his authority and the husband’s authority, taking into account what is best for the spouses. The husband is not considered a divorce that he did not consent to, and the wife hastens to remove the harm from her with an irrevocable annulment. [ABSTRACT FROM AUTHOR]
Details
- Language :
- Arabic
- ISSN :
- 24101818
- Volume :
- 11
- Issue :
- 91
- Database :
- Academic Search Index
- Journal :
- Al-Andalus journal for Humanities & Social Sciences
- Publication Type :
- Academic Journal
- Accession number :
- 176257542