شروط تطبيق أحكام الجوائح و مدى تطبيقها على توقف أعمال محكمة الأسرة الكويتية

Abstract EN

This research aims to highlight the conditions for implementing the provisions of cataclysms, and to what extent they are applicable on the suspension of the Kuwaiti Family court work.

the research aims also to shed light on the meaning of cataclysm, the view of Islamic Shari’ah and fuqaha (jurists) on emergency, unforeseen situations and cataclysms, and the causes of cataclysms.

In addition to the abovementioned, the research elucidates the case of mutual settlement between the spouses to remedy the damage caused by the coronavirus pandemic; the unforeseen, urgent circumstances of the outbreaks of pandemics, such as the covid- 19; and finally, the relationship between the environmental calamities and the theory of unforeseen circumstances.

The researcher used the inductive method by reviewing the sources on the subject, and the comparative method by comparing between the views of fuqha on the contentious issue, examining their arguments, and finally giving preponderance to the preponderant views.

The research concluded a number of results .