التفريق للعلل في الفقه الإسلامي : مقارنة بقانون الأحوال الشخصية الإماراتي

الملخص EN

Separation for Reasons in Islamic Jurisprudence Compared to the Emirati Personal Status Law” aims to explain the regulation of Islamic jurisprudence and the UAE Personal Status Law in order to differentiate due to the defects happening between the spouses.

This article came to highlight different points among which are the definition of the defect and the subject matter, who has the right to request that, its conditions, the possibility of delaying it, and its nature.

Among the results of this study: • That both Islamic jurisprudence and the UAE personal status law allow the spouses to dissolve from this marital relationship that does not achieve the purposes of marriage, by resorting to a judicial separation.

• The treatment of the jurists differed with the types of defects that the spouses may seek to differentiate because of them between an extended and a narrow one, and the more correct view is that every defect alienates the other husband from it, and does not achieve the intention of marriage, which is the intent of marriage, which is taken by the law.

• The jurists and the law control the request for separation due to a defect with several conditions; So as not to deviate from the legitimate purpose for which it is permitted.

• The jurists and the law have agreed that there is no delay in the separation because of defects that are not hoped to be cured.

They also agreed on the permissibility of postponing the ruling for separation due to the defects that are usually hoped to be cured.

• The fuqaha 'differed regarding the nature of the separation of the defect.

Is it a divorce or annulment? Most of them view it as an annulment, and this latter is the one who adopted the law, in order to facilitate the spouses.