الإعجاز التشريعي في أحكام الطلاق

Abstract EN

This study deals with one of the most important and sensitive topics which has been argued a lot about in the recent century wherein a lot of female rights opponents have tried to distort Islam.

They claim that Islamic religion has humiliated women in many respects.

One of these respects is "Divorce Provisions .

" The present study seeks to reveal the wisdom behind the Islamic provisions regarding divorce.

Besides, it aims to figure out this issue for any claims by applying a systematic, sequence and logical approach.

The study begins with introducing the linguistic and terminological definitions of the structural term "I'azaaj in the Divorce Provisions", in addition to its operational definition in the study.

The first thing the study has discussed after introducing the definition is tracing the historical perspective of divorce and the basic principle that makes it come into being in the society .

This has been achieved in the first chapter entitled " Divorce in Islam and pre-Islamic religions".

This chapter concluded with that "Divorce" has been existed in the human history before for ages and that Islam is not the first religion that makes special legislative provisions concerning this issue.

Besides, Islam does not fondly intended to make such provisions.

Rather, it makes such provisions as a treatment or urgent solution for the problem of divorce.

In addition, this chapter concluded with that Islam has given great importance to this issue, the thing that appears in the big numbers of Qura'anic verses and prophetical speeches that are concerned with "Divorce Provisions ." The second chapter presents the " Legislative I'ajaaz in the Divorce Provisions".

It begins with illustrating the preventive plans that could help avoiding divorce.

Moreover, it clarifies the procedures should be taken for dealing with the problem of divorce.

Further, this chapter concludes with introducing the terms and conditions of what to do after divorce happens.

Among the most important aspects of I'azaaj in the preventive plans of divorce this chapter has dealt with is : looking at the fiancée before marriage, good marital relationship, limiting the divorce procedures, and the affaires related to the divorced, and making the man the responsible for the act of divorce .

In the third chapter, the researcher has dealt with the " Legislative I'ajaaz" in the sequences of "Divorce Provisions" such as I'ddah, expenditure, among others , keeping in mind the differences among the cases of the divorced women.

Such issues are presented in this chapter in a very clear and logical way the thing that makes the reader of the study voluntarily admit to the legislative views of Islam regarding the issue in question.