الفروق الفقهية بين المسائل الفقهية المتشابهة في الأحوال الشخصية قي الفقه الإسلامي

Abstract EN

Thank Allah who help me to finsh this simple yesearch then peace be upon Mohammad the prophet of Allah.

The reselect of my research in this subject are: 1-The religious difference is about to discover The difference between two similar subject when the result of The judge are not similar.

2-The rote of religious differences is the prophet of Allah (peace be ape on him) and then be bigger and bigger before him.

3- The first one who write about it is AL-EMAM Ahmed Bun Omar sarieeg AL-shafeea (306).

4- The difference between the wife and the slave: A- The wife :AL fuqahaa agree that the man who have more than one wife must be just between them.

B- The wife :the man is not free to merry mote than four free wife while he is free to merry more than four slave.

C-The free wife have suitable moony while the slave is not.

D-The wife has no nafagg while the slave have.

5-The fegah difference between sadag and al mutaa.

6- some legislative differences between marriage and return.

A-marriage : marriage is forbidden for a woman during the period of iddat whether the iddat was following divorce ,husbands death .contraction repeal or coition of doubt ,and whether the divorce was revocable or irrevocable with small or large bainona (separation) by convention of Islam legists ,but of a divorcee to her husband must be during the iddat ;I.E.

the return is not legitimate except during the iddat unlike marriage by convention of Islam scientists .

B- marriage: marriage contraction is not legitimate without witnesses but the return could be so without witnesses.

7-some legislative differences between divorce and dhehar : - divorce is definite not timed ,not for a while but dhehar could be limited to a certain period of time E.g.

day ,month or year.

8-some legislative differences between iddat and cleanness : A-Iddat is not obligatory except for a coited woman I.E.

divorce happened after coition ,if happened before it then there is no iddat by convention .cleanness ,unlike iddat ,is for both coited and non coited woman.

B-Blood in iddat is controversial being menses or other clean condition but in cleanness: blood is menses by convention of Islam legists.

9- some legislative difference between wife's expense and relative's expense: A-wife's expense estimation is independent on what's enough for her and it depends on the financial status of the husband not the wife .

The relative's expense estimation is dependent on what's enough for him (her).

B-wife's expense is not revoked by time but relative's expense may by revoked by time.