Arbitrary Divorce Between Legislation and Law

Abstract

For the sake of the continuity of life, and the survival of the human species, God has enacted marriage, in which men and women meet, and cooperate in building the family, it is the main nucleus of society. Laws menial, and human habits on them, set strong rules and solid foundations, to establish this structure please spiral and continue in a proper way, and Islamic law like other laws, confirmed the establishment of this structure, and laid the necessary foundations and sound for him, and called on its members to marry early, he said: (( O youth of those who were able to you, let him get married, it is more difficult for the eyes and fortified for the vagina, and who could not do the fast, it came to him)).    He also called for the choice of a good husband said : ((If you come from the satisfaction of his religion and created Vnkoh, only do not be strife in the ground and corruption)).    He said: ((women marry for four, for her money, and for her, and for her beauty, and her children, Vzvar same religion raised your hands)).The marital relationship in Islam is a holy relationship, based on piety and good cohabitationThe prophet says: ((Fear God in women, you took him faithfully God, and Tsthaljn Farjhm word of God, and that you should not set them brushing anyone hate him, if they declare Vdharbunha beating unjustly, and you have a living and cladding known)), but despite these The importance and seriousness of marriage, it may not be successful, it may betray eyesight and deceive the feeling in the choice of life partner, coupling may be based on the wrong choice… Vtqd days during the marital life of each other's satisfaction of the other character and creation, or may occur after marriage is beyond their management , Vkdr disturbed marital life, Vnqlb turn the basis of their entity to Mao Love is turned into hatred, harmony to misery, affection and tranquility to chaos, and it is not wise to force a party to accept the continuation of this fragile entity, which, day by day, exacerbates the problems that may lead them or one of them to criminal behavior or moral deviation. Divorce became necessary to resort to the nations, and approved by the heavenly laws, and adopted by positive laws.    And Islam approved divorce if marital life reached a dead end, and proceeded to him from the ethics and teachings that achieve the interest of the family and the nation in a way that is away from arbitrariness and injustice, and set conditions for him, and set limits, and imposed on the will of the husband so that he could not be considered a qualitative work On him whenever he wants and for whatever reason he wants.    The jurists agreed that a man has the right to divorce his wife, if he has a good reason to divorce, in order to end the marital life that is inevitable to end, because of misery, disagreement, bad ten, repulsion foul and other reasons that disturb the marital life    But granting this right to men is not to launch it, but necessarily restricts the extreme and the urgent need where the divorce and the solution of marital life is better than continuing.    Accordingly, a husband who divorces his wife without the utmost necessity or urgent need shall have committed a haraam act and may be abusive in the use of his right granted by God, and the material and moral harm to the wife who has been divorced should be compensated.    Whereas arbitrary and unjustifiable divorce is a serious social disease that leads to the destruction of homes, the rupture of families and the displacement of children, I would like to write a paper entitled "Compensation for arbitrary divorce between Sharia and the law", so that both men and women know what they are and what they should do. Such a divorce occurred, God forbid.    The research plan was considered to be an introduction, a preamble, two chapters and a conclusion.    The preamble included the meaning of divorce in terms of language, sharia and law and the extent of its legitimacy. The first chapter included three sections, the first section on the abuse of the right to Sharia and the law, and the second section on the origin of divorce is it permissible or urban? The third topic is the idea of ​​arbitrary divorce in law.    The second chapter also includes three topics, the first section on the legality of compensation and legal jurisprudence, the second section on the conditions of eligibility for compensation, and the third section on the proof of arbitrariness and how to estimate compensation.    The conclusion was dedicated to the results I reached, if I was injured, thanks to God and from him and his generosity, and that I made a mistake and myself and the devil, and God, the conciliator, which is my trust in him and entrusted him.

Keywords

Divorce, arbitrary, canon