Proving the Repudiation of Divorce: A Comparative Jurisprudence Study

Document Type : Original Article

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طالبة دراسات عليا في قسم الدراسات الإسلامية - کلية الآداب - جامعة جنوب الوادي

Abstract

Allah has validated marriage for performing and reaching harmony and intimacy between the couple. In addition, Allah authorized marriage between males and females for reaching internal peace, harmony and coordination on earth. However, divorce could sometimes occur because of the divergence of morals, different modes of married couples, complexity of matrimonial life, departure of the feelings, or their change which all lead diminished harmony and intimacy between a married couple. Accordingly, the concerned husband and wife may find divorce the last resort because of the impossibility of intimacy between them. However, when a husband repudiates occurrence of divorce to cause harm for his previous wife, this wife is required to prove occurrence of divorce; the matter that causes her burdens of proving divorce occurrence. If divorce happens actually, the concerned husband should pay attention to Allah's limitations and divine rule concerning this. In addition, this husband must not make his previous wife bear burdens of proving divorce occurrence in order not to make a fatal mistake of cause a unforgivable sin. However, religious scholars differ in their points of view concerning proving repudiation of divorce in case there are no witnesses for divorce occurrence. This research is mainly about investigating this topic. 

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