تطليق القاضي بناء على طلب الزوجة في الفقه الإسلامي و قانون الأحوال الشخصية السوداني : دراسة مقارنة

Abstract EN

This study dealt with the divorce made by the judge based on the demand of the wife in the Islamic jurisprudence and the Sudanese personal status law of 1991 for Muslims.

The problem of the study is that: Its well known in the Islamic jurisprudence that divorce is man's right, in case he discovered any disadvantage such as Leprosy disease or any other reason with which the marriage ends find no room.

Here the husband has the full right to end the marriage.

But in the opposite case, if the husband was diseased, pays nothing to his wife or being prisoner, indeed the wife is grieved and has no right to divorce her husband.

Here in this study, the paper investigates the cases in which the wife has the right to be divorced, accordingly a number of findings came out, here are the most important: 1-The Judge is authorized to divorce in case the wife asked for divorce, in addition to the reality of the damage.

2- The wife is allowed to ask for divorce in the following cases of disadvantage, disease, not being paid by the husband, absence, damage, conflict and case that he sewer not to live with her or she is like his mother to him.

3- Divorce based on the husband being prisoner, is not allowed, according to the four schools of jurisprudence, arguing that the wife gets her full rights and there is no damage.

4-The wife is allowed to ask for divorce according to Sudanese personal status law of 1991 in case the husband became a prisoner, which contradicts with jurists of the four schools.