متعة الطلاق والتعويض عن الطلاق التعسفي: دراسة مقارنة بين الفقه والقانون

Abstract EN

God enabled the man with the right to divorce, to be applied when it's an absolute necessity, hence, an irretrievable breakdown of the marriage.

divorce may occur for a righteous reason or no reason at all, but in every case, the woman becomes the most harmed, which leads to the concept of abusing the right to divorce.

yet the conversation on the compensation of moral damages resulting from such a divorce in civil status law is falling short in all jurisprudence, judicial, and legal studies.

this might be because it is difficult to pinpoint the damage occurring for spouses due to the complexity of their engagement, the difficulty of assessing the damage, and the shortcoming of mentioning the topic in the sharia law.

in this research, the topic of arbitrary divorce is presented by investigating the opinions of scholars of sharia and law, through analysis and measurement and weighing results after review and research.

this research answers the question: if the wife is divorced arbitrarily, does she get compensation for her moral damage? can she claim this right judicially?.

we present a comprehensive study investigating the sharia doctrine, legal jurisdictions of the Arabic laws, and some examples of its jurisprudence juries.

the research body consists of three main topics; the criteria of arbitrary acts, examples of arbitrary divorce and its effects, and the compensation for arbitrary divorce.

it also compared what is legitimate in Islamic jurisprudence in the name of conciliatory settlement and its relation to compensation rights.