The power of the judge In the khula Without the consent of the husband Comparative Study in Islamic Jurisprudence and Law

Ali Ibrahim, Harith

doi:10.21608/aafu.2021.182087

The power of the judge In the khula Without the consent of the husband Comparative Study in Islamic Jurisprudence and Law

Document Type : Original Article

Author

Harith Ali Ibrahim

10.21608/aafu.2021.182087

Abstract

The majority of jurisprudential trends and legal legislations go to counting the khula 'contract between the spouses. If the wife disobeys her husband and hates to live with him, she has no benefit except for his consent, and the husband may be stubborn and refrain from delinquency, which leads in some cases to the injustice of the wife. This study was conducted to show the extent to which the authority of the judge intervened in forcing the husband to divorce if the wife requested that and the husband did not refrain from making a statement by stating the position of the Islamic jurisprudents on this issue. This study included a discussion of the jurisprudence of the jurists and a comparison of them. Study the position of legal legislation, and ended with the conclusion of the most important conclusions and recommendations.

Main Subjects