الطلاق التعسفي دراسة فقهية مقارنة

Abstract

This research demonstrates the explication of the term “arbitrary divorce” in
Islamic law by different Islamic Law scholars affiliated to different Fiqh doctrines, both traditional and modern, and considers the question as to
whether arbitrary divorce is essentially permitted or prohibited.
The research then deals with the views of the modern scholars concerning
the question of arbitrary divorce and the consequences it has on the husband,
whether economic and/or other punishments in case he divorces his wife in
arbitrary fashion. Moreover, it addresses the judgment of divorce pleasure
and the manner in which it is estimated and the extent of its enforcement on
the divorcing man in order to constitute an alternative to the compensation of
the arbitrary divorce.
Finally, the research shows the attitude of the personal status laws in some
Arab countries, which favored the compensation principle in the case of
arbitrary divorce and the position of the Shari’a courts in the country and the
appealing Shari’a courts in al-Quds/Jerusalem concerning this issue.