أثر الإكراه في الزواج و الطلاق

الملخص EN

This research deals with jurisprudence related to coerced marriage and divorce, and considers coerced marriage and divorce a factor leading to the increase in divorce cases.

The paper also considers religious ramifications regarding coerced marriage, which is still practiced by some people, and how imposed marriage can corrupt family life.

The objective of this research is to highlight how religion deals with the issue of coerced marriage.

The paper comprises an introduction, three chapters and a conclusion.

The first chapter focuses on the meaning of obligation, its types, conditions and the opinions of the fuqaha’ (Islamic legal scholars).

Chapter two concerns jurisprudence and the issue of coerced marriage, its effect on the marriage contract, the legal guardian's coercion of the girl to marry, preventing the legal guardian from forcing the marriage and the importance of consent in preserving marital life.

The third chapter looks at the effects of coerced marriage on divorce and the issues related to it, such as obligatory divorce, jurisprudence regarding the return of the wife, and concerns about coerced marriage corrupting family life.

The researcher further utilizes rules of jurisprudence related to coerced marriage and divorce in order to treat the phenomenon of divorce.

The study concludes with an analysis of the results and makes recommendations based on the study that are viewed as important for limiting the number of divorce cases.