الطلاق غير المنجز بين الشريعة و قوانين الأحوال الشخصية في فلسطين و بعض البلاد العربية

Abstract EN

This research discusses the issue of the undone divorce between Sharia and law .It includes some religious men’s opinions in the divorce which is connected to time and place and to the one with conditions.

It also refers to their thoughts in the swearing a divorce-issue and the forbidden cases.

On the other hand, this study includes what the valid laws state in West Bank and Gaza Strip, besides the laws included in the Palestinian Law Project and in some Arab countries.

It is agreed that the divorce connected to place and time is not applicable.

However, if it is conditioned, divorce then takes place and is considered so if the spouse really means the condition and this condition is fulfilled at the moment of swearing oaths of divorce.

The spouse can take his word back though.

It’s stated that the standard of the implacability of swearing oaths of divorce and of what is forbidden depend on customs.

Therefore, I suppose that these oaths and swears of divorce are not taken into consideration if the spouse who swears doesn’t mean the oaths or the stated conditions which are meant to accompany the oaths of divorce.

This is what I reached according to my prudent studies and researches, though, Allah knows best.