المتعلقات الأخلاقية للحكم الشرعي : نموذج الزواج بنية الطلاق

الملخص EN

This paper aims to investigate moral implications of legal rulings.

These implications should be taken into consideration before issuing a legal ruling, in order to achieve the intention of shari’ah.

This issue has been studied based on original sources and on practical aspects.

The study includes four sections; the importance of moral implications on the structuring and justifying of legal rulings; moral implications namely motive of action and its importance, controls and jurisprudic adaptation; the consequences of actions and its impact on shaping up shari’ah ruling; and finally the issue of divorce-intended marriage as a practical example of studying moral implication of shari’ah ruling.

The paper concludes that getting married with the intention of divorce is prohibited in shari’ah, simply because it is strongly connected with lying, and contradicts the Islamic values and morals.