The problem of retroactive divorce in jurisprudence and law
Divorce is the right to terminate the marriage contract right immediately or later in the form used legally, and divorce is legitimate in the book of God and the Sunnah of His Messenger and consensus and reasonable, but Quraan says: [ A divorce is only permissible twice, after that, the parties shou...
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| Format: | Article |
| Language: | Arabic |
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University of Mosul College of Law
2007-06-01
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| Series: | الرافدین للحقوق |
| Online Access: | https://alaw.mosuljournals.com/article_160503_791f1ca96c8625c0d6b8049b15e52a0b.pdf |
| Summary: | Divorce is the right to terminate the marriage contract right immediately or later in the form used legally, and divorce is legitimate in the book of God and the Sunnah of His Messenger and consensus and reasonable, but Quraan says: [ A divorce is only permissible twice, after that, the parties should either hold together on equitable terms, or separate with kindness], and Allah said: [O Prophet! When ye do divorce women, divorce them at their prescribed periods]. As for the Prophetic Sunnah, it is proven that the Prophet had divorced some of his wives, including Hafsah bint Umar ibn al-Khattab, Fatima bint al-Dahhaq, Asmaa bint al-Numan, Umaymah bint Sharhabil, and Khawla bint Hakim. The Muslim jurists unanimously agreed that it is permissible to divorce and the husband does not sin if he causes it for acceptable reasons by following the Prophetic Sunnah. The purpose of marriage is affection and tranquillity, but if life between spouses becomes impossible it is reasonable and logic to separate them. |
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| ISSN: | 1819-1746 2664-2778 |