الطلاق التعسفي : أسبابه و طرق علاجه من منظور فقهي

Abstract EN

The Shariah gave the man the right to divorce according to his strength and care for the family, and this right, like all other rights, is restricted by the restrictions and controls of The Shariah.

The patient is sick of death, and divorce due to the parents or wife is an arbitrary divorce with a statement of the ruling and the statement of the means and measures taken by the legislator to reduce the arbitrary divorce.

It has reached several conclusions, including: that abuse is beyond the purpose and purpose for which the right was prescribed or was used with the intention of harming others, and that the abuse of the right is forbidden, and if the husband uses his right to divorce with the intention of harming the wife or the interests he wishes to have is not commensurate with the harm done to the wife, this is an arbitrary divorce, which is forbidden to all the evidence contained in the prevention of harm, and considers ignorance of religion, poor choice and difference in the spouses' culture, neglect of rights and duties, and the intervention of the parents.

Psychological and health factors are among the most important reasons for arbitrary divorce, as well as good choice, cohabitation with virtue, strengthening religious prejudices, prevention of harm and injustice, and the pleasure of divorce are among the most preventive and therapeutic ways of divorce.

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