المسائل المعمولة غي مسائل الطلاق للملا عبد القادر البياري (ت : 1338)‎ تعليق الملا عثمان الخورملي (ت : 1370ه.)‎ : دراسة و تحقيق

Abstract EN

Islamic law has paid great attention to the formation of the Muslim family through a heavy contract and charter, namely, a permanent marriage, which is based on a solid basis of the choice of each other on religion and creation, with purity of heart and good will, so that the ten will last between them, and each of them will be the residence of the other, and affection and compassion prevail.

These purposes are achieved only by a contract intended for permanence and continuity, not by a contract in which contract is required or intended to be unsustainable.

The lack of continuity of marriage is the fact that he is an aloof, and he has many images, including: the image mentioned by Mr.

Mala Abdulqader al-Mudarres in this manuscript, where he stated that if a man divorced his wife three times, then he wanted to see his wife in the name of the wali, the sin, or the two witnesses or otherwise are not spoiling the mind, or by referring to the tradition of those who see the validity of marriage with the guardian or the two witnesses, for example, to the tradition of those who see it as invalid and then determine to them the refraction without an analyst, so I have declared the validity and corruption of this type It is a marriage to the doctrine of Imam Shafi'i because it contradicts the purposes of marriage, which is the glue of sharia.