أحكام الأحوال الشخصية في الطلاق و الخلع في الفقه و القانون الكويتي

Abstract EN

The aim of the research is to explain the provisions of divorce and divorce in the Sharia, and it also aims to show the importance of knowing them in Kuwaiti law and Islamic jurisprudence, indicating that one of the most important reasons for the spread of divorce and divorce in Muslim societies is: working with heresy divorce, because most divorce cases that occur are of this kind, and documenting opinions Fundamentalism and jurisprudence are among the books adopted by each sect, and the research reached a number of results, the most important of which are: that divorce was permitted in Islamic law when it became impossible for the means to continue marital life in it, the arbitrariness of divorce because it is a valid reason, which is considered an injustice against women, that Islamic law has set conditions and controls Serious to reduce the phenomenon of frequent divorce, which has become a threat to Islamic societies in their security and stability, and followed the example of the West in family disintegration, moral decay, and material impact, and Islamic law has developed preventive solutions that limit divorce, and solutions to its problems and failures after the occurrence, and the Kuwaiti Personal Status Law agrees with The most correct doctrine of Islamic jurisprudence in the obligation of the divorced woman after consummation of marriage is obligatory, as well as the doctrine of the jurists who say that pleasure is obligatory for the divorced woman before consummation, provided that no dowry is imposed on her, just as the legal scholars mentioned many conditions for the enjoyment of divorce, including that the marriage contract be valid, and that Divorce after consummation or correct seclusion, and that the dissolution of the marriage be without the consent of the wife, and that the divorce be irrevocable, and the research recommends intensifying social awareness of women’s rights through various media, forums, and mosques, and that Muslim women adhere to their rights as stated in the Holy Qur’an and the Sahih Sunnah before returning To the literature of foreign cultures, and the Kuwaiti legislator should rationalize the husband’s right to divorce by putting in place a set of legal procedures that guarantee rights and protect the family, and restate the text of Article (71) of the Personal Status Law of 1992 AD, which granted the divorced woman the right to pleasure.