الدلالات اللفظية و أثرها في استنباط الأحكام الشرعية : دراسة تطبيقية من كتاب الطلاق

الملخص EN

Family is the mainstay of any society.

Since the family is the smallest unit of the structure of any society and since it bears the responsibility for the upbringing، nurturing and raising generations، we find that family relationships have gained great importance in Islam.

Therefore Islamic scholars have addressed contemporary issues concerning family and dealt them with analysis and demonstration of decisive judgment and effective treatment for each new.

This comes through their understanding of the connotations of the terms used، including what is spoken and what is understood، in accordance with the rootedness of the principles of Islamic law (Shari’a).

Thus this research comes in this context.

In the first chapter، I mentioned the concept of connotation، its sections and its impact on deducing the injunction of the Hukm (Shari’a Judgement).

As for the second chapter، I explained the impact of connotations on jurisprudences regarding Sunni (approved) divorce، the divorce of innovation (Talaqu al- bid’ah) and the conditional divorce (talaq mashout) concerns.

Finally، I concluded the study by mentioning the most important findings and some recommendations، including that the majority of jurists divided divorce to “Sunni” and “Bid’ai”، and they did not mention a division for the “Sunni”، they just made it one section.

The “Sunni divorce” is to get the wife divorced once during a “Tuhr” (the period of purity of a woman) at which she has not been contacted، which corresponds to al- Hasan and al-Ahsan for Hanafis.

The divorce of innovation (Bid’ai)، according to the majority of jurists، corresponds to the that of Hanafis، however، it disagrees with the latter in some matters.

Finally، some jurists، regarding the connotation of conditioning the divorce، made a distinction between what is similar to the oath and what is not; the first does not valid even if that which is conditioned occurs، the second gets valid when the conditioned matter occurs.

The most proper is to consider it as the oath