Year: 2021
Type: article
Abstract: Praise be to God, prayer and peace be upon the Messenger of Allah and after: Scholars have mentioned -ancient and modern -the condition of having witnesses to divorce, but they differed in its ruling, whether it is obligatory or recommended, and some statements and fatwas have spread in some media recently about the necessity of documenting divorce until it is valid, which sparked widespread controversy among people about These sayings and fatwas, so the researcher wanted to address this issue through this jurisprudence study, to stand on the ruling in Islamic Sharia for the requirement that divorce be documented in order for it to be valid.The researcher concluded that the presence of witnesses to the divorce or its documentation is not required in order for it to be valid, and that documenting divorce in Sharia courts and official departments in Islamic countries is a new saying that is not mentioned in the books of advanced scholars, but rather was discussed in the statements of some contemporary scholars and authors of organizing laws.The conditions of the Muslim family in some Islamic countries; Also, the requirement that divorce be documented in order for it to be valid results in great effects and serious consequences for the family and society.The researcher recommends that the authors of laws regulating personal status in Islamic countries work to prevent conflict between the texts of Sharia and the positive law that regulates personal status.He also recommends centers concerned with family status to It is based on educating young people about the basics of marital life before completing marriage, and clarifying the rights of each spouse over the other, and if they are forced to divorce, each of them must learn the teachings of divorce that were brought by Sharia.
Author: فهد بن صالح اللحيدان
Language: Arabic
Topic: Family and Matrimonial Law
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4285381449