محددات الطلاق في الشريعة الإسلامية : حكمها و الحكمة منها

Abstract EN

Praise belong to Allah, Peace upon his prophet, his family and who followed him sincerely.

Since divorce was mentioned in the Holly Quraan Holy Koran divorce twice, either to keep in custody or leave each other in peace ((Al-Baqara 299)), and in the Sunngh, authorities agree on its felicity but differ in the spirit of the judgment.

Most of them agree on its permissible and may not be permitted in other cases while the rest ban such case with only few exceptions.

Nevertheless, authorities agree that such case is restricted by religious laws to determine either acceptable subjective, or obligatory as well as hated or a sinful, according to the circumstances and accompanying situations but due to its hazard and its effect on the family and community, religious laws put some constraints to lessen its spread, to protect the wife from being lost, the children of being stranded, and the society of being broken, resulting in lessening divorce cases.

These constraints or limitations sometimes related to the divorcer, the divorcee and other times related to the form.

The constraints concerning the divorcer state that his divorce is of a desperate need, and to prevent the mischief to keep material bond and family structure.

The divorcee condition state that she must be without any period or finished the duration of being a mother.

As for the form, the divorce must be separating one time after time other wise it will be a sinful to his doer, the language also must be specific and with authorized witnesses because such a witness may preach the husband and let him rethink as the verse says (Such a preach is to be given by those who believe in Allah and the day of judgment) These constrains and limits can strengthen family bonds for the weakest reasons to increase the opportunities to make up for both parties, to review themselves to realize their mistakes and correct them to restore family unity.

The research has two chapters, an introduction and conclusion.

The first chapter is a forward for the second, the first falls into four sections : definition of divorce, its elicity, its judgements and the meaning of divorce being legalized.

The second section deals with divorce constraints and since they were five, the researcher divided it into five sub-sections, each of which deals with certain case.

As for the conclusion chapter, it included the conclusion, the results found in the study.