فقه الواقع و أثره في الأحكام الشرعية و القانونية : الخلع أنموذجا

الملخص EN

This research explains the importance of Fiqh of reality and how it affects the Islamic rulings, taking into account the real life of Muslims in all aspects, thus these rulings based on this consideration either facilitate, ease or expand as required by each case.

This type of Fiqh has existed since the beginning of Islamic legislation.

The Glorious Quran and the Honored Sunnah have taken the real life of Muslims into consideration.

Iraqi law has taken into account the Fiqh of reality and has approved provisions that are in line with the reality of the Muslims’ life.

Al-Khula’ is taken here as a sample in order to make a recommendation to law makers to consider the conditions of Muslims under these difficult circumstances, and to take into account the Fiqh of Khula’ and make it an annulment instead of regarding it as divorce, in order to reduce the number of divorces that threaten Muslim families and disperse children