المعروف في إمساك الزوجة و تسريحها أثناء الطلاق الرجعي : فقهه و مقاصده

الملخص EN

This research entitled “Retained in Kindness or released in Honor during Revocable Divorce: its Jurisprudence and Purposes” deals with acriticalperiod between spouses, which is during revocable divorce, in which the divorcing husband has two options: Either to take back his wife or release her to absolute divorce.

So this research came to clarify the purposes of Islamic Sharia regarding the provisions legislated for the spouses during the waiting period ('idda) following the revocable divorce.

The Researcher used the comparative, descriptive-analytical approach, and the deductive approach.

He concluded a set of results and recommendations, the most important of which: the husband is obliged to treat his wife well while she is in the period of the revocable divorce.

If the husband decides to divorce his wife irrevocably, it is then forbidden for the husband to harm his wife financially or morally in all cases.

The husband is also urged to try to bring back his wife to marital infallibility, and that the basic principle in the husband’s dealings with his wife during the revocable divorce period, and in all cases, is what is accepted tradition, consisted with the Sharia and which reinforces the legitimate purposes of the existing relationship between spouses.

One of the most important recommendations was to call on the ministries of higher education to introduce a compulsory course in the universities for disciplines relate to the purposes of Islamic law in the relationship between spouses)..