المسألة السريجية في الطلاق : دراسةٌ فقهية

الملخص EN

This research deals with As-Surijiya Question, attributed to Abi al- Abbas ibn Surayj, Sheikh of the Shafi'i jurists of his time.

This question is when the husband says to his wife: "if I divorce you, you are granted a triple divorce (irrevocably) before that," then, he divorces her.

Thus, as viewed by some Shafi'i jurists, no divorce occurs no matter what the husband pronounces.

Therefore, the Surayjiya Question becomes a kind of fraud to prevent divorce.

However, the majority of Muslim jurists state that there is no impact of suspension by cycle on preventing divorce and that fraud through this question is invalid.

As a result, divorce in accordance with this question is triple divorce for the majority of Muslim jurists, while it is a one unconditional divorce for Shafi'i jurists.

This study aims to discuss the argument of these two schools, refer to conditions of validity of this question, and explain how to dissolve marriage according to those who consider it as a pending divorce.

It also aims to determine the ruling on resorting to fraud through it to prevent divorce and giving a formal legal opinion (fatwa) based on it, in addition to the ruling on the public's imitation of those who consider it valid, and the clarification of the effects of it in the UAE and Syrian Personal Status Law.