الطلاق في الشريعة الإسلامية في إطار قانون الأحوال الشخصية الجزائري : دراسة مقارنة تحليلية

• Main Author: Mustari Muhammad al-Amin
• Format: Thesis
• Language: Arabic
• Published: Universiti Sains Islam Malaysia 2018
• Subjects: Divorce (Islamic law)
• Online Access: http://ddms.usim.edu.my:80/jspui/handle/123456789/16007
• Institution: Universiti Sains Islam Malaysia

Focuses of this research on the topic of divorce in the light of Islamic law in comparison with the personal status law Algeria , which is commonly known that marriage Association resorted to rights in this life , seeking to build a family of successful permanently therefore the marriage was something sacred in Islam , but in some cases spoil this Association of the occurrence of conflicts and disputes sour cream marital life making agreement and the continuation of the couple with each other almost impossible, Therefore, the law of Almighty Allah, divorce resolve this node and the Association Virtue, Allah said : { Divorce is twice. Then, either keep (her) in an acceptable manner or separate and divorce (her) with good treatment } (Qur'an. Baqarah 2: 229) , through this verse we see that issue of divorce is a topic Ebadi endowment pure Almost barely free book of jurisprudence books or talk only touched him, and Bob his Papa, or may have a chapter , or a book , and no doubt no doubt that the legal provisions Thabuth endowment does not change or turn, unlike laws that contain flaws and gaps and of among those defects what the Algerian legislature in Article 49 of the personal status Law of Algeria, involving a large ambiguity as confusion arises about the judgment of divorce, whether created or planned, and this is recognized only by judicial order resulting from it, there are several problematic which is in contradiction What do Algerian legislature with Islamic law, and by not recognizing the divorce actually outside the judiciary. The researcher attempts to discuss the issues in this topic from the perspective of various schools of thoughts (mazhab) in fiqh, by following the inductive, descriptive and analytical approaches in order to extract the accurate Islamic rulings (Fiqh rulings) in this topic based on sound and scientific foundations. Similarly, the researcher also employs comparative method in some issues in which the Algerian legislature is conflicting with, whose details are particularly explained in the final chapter of this research. Nevertheless, if the issues are in compliance with the Islamic ruling (syar'), such issues will not be touched by the researcher. Among the most important findings gained in this research was that Article 40 of the Algerian Family Law has ascertained that the only platform to confirm the divorce status is through judiciary. Also, the applications of both Article 49 and 50 of the same law have resulted in the issues of repitition in iddah period in the event where the husband pronounces the divorce and it has been delayed before being brought to the court's judgment on such divorce. The iddah period, from syara' principle, begins from the moment the husband pronounces the divorce whereas from the legal perspective, the iddah period officially begins upon the issuance of its judgment by the court. This scenario led to some polemics and conflicts between the Syariah laws and the family laws at various levels.