الرجعة وتطبيقاتها بين الفقه والقضاء الشرعي في الداخل الفلسطيني

Abstract

This study investigates the concept and applications of 'raj’a' (retraction) in Islamic jurisprudence and its implementation in Palestinian Sharia courts. It reviews various juristic opinions and analyzes practical applications in Sharia courts, focusing on the definition, legitimacy, and rationale of 'raj’a', as well as the judicial regulations governing it. The research examines the methods of effecting 'raj’a', whether through verbal statements or actions, and the necessary conditions for its validity, along with juristic disagreements on these matters.

Employing descriptive and analytical methodologies, the study clarifies the concept of 'raj’a' in Islamic jurisprudence and analyzes related judicial applications. A comparative approach contrasts the views of different jurists and their applications in Palestinian Sharia courts.

The findings reveal that 'raj’a' represents the continuation and extension of marriage. It can be affected through explicit verbal statements or actions such as sexual intercourse without the need for intention, whereas ambiguous statements and sexual preliminaries require specific intention. The study emphasizes the importance of informing the wife about the 'raj’a' and recommends witnessing it, although it is not mandatory. Additionally, the study calls for updating legal provisions to keep pace with modern communication methods and to clearly address issues related to the 'iddah (waiting period).