اعتبار القصد في الطلاق

الملخص EN

This research sheds light upon a jurisprudential issue related to divorce; how far could the purpose of divorce be considered.

The research includes an introduction, three chapters, a conclusion and a list of references.

The first chapter is dedicated to display the truth of divorce and its provisions.

The second chapter handles the pillars of divorce and its explicit as well as implicit utterances.

It also handles the provisions of written and signalized acts of divorce.

The third chapter traces the purpose of divorce by highlighting its true meaning and the means of proving this purpose.

As for the conclusion, it sums up the findings of this research.

One of those findings is that divorce has clear, explicit and direct verbal cases in which the husband is determined to divorce his wife saying (you are divorced) or something like that.

There are other cases in which the husband does not intend to divorce his wife.

He is just an ignorant of the true meaning of divorce or it may be written in a language that he does not understand.

Similarly, if the husband is asleep, mad or unconscious his act of divorce does not occur because he undergoes the same defect (being mindless).

In addition, the act of written divorce becomes reliable when it is accompanied with the utterance and intention or just the intention, but if it lacks both or the husband intends something rather than divorce, the act does not occur.

Finally, divorce does not occur if it is intangible because the intention and customs have a great influence upon divorce utterances.