Sharia (Legal) Arrangements for Limiting Divorce in Islamic Fiqh(Jurisdiction) and Law of Palestinian Personal Status

Year: 
2001
Discussion Committee: 
Supervisors: 
Dr.Ma'amoun Wajeeh Alrefae
Authors: 
Hatem Hamed Suleiman Al-Betawi
Abstract: 
1. It is important and necessary for Shari'a students to make use or benefit from high-technological devices, such as computers and electronics, wherever they deal with any dilemma or incident for the sake of limitation or explanation (e.g. statistical surveys I have conducted). These dilemmas or incidents must be dealt with in accordance with Allah's commands away from emotions, exaggeration or downplaying of their importance or significance. All this comes in full harmony with Islamic Shari'a which is well known for its flexibility: passing a judgment according to status quo, and as approved by our ancestors: judging of things is part of its perception. 2. In today's societies, and the Palestinian society in particular, the causes of divorce are overlapping. In other words, these causes cannot be separated from each other in most cases. The causes of divorce fall upon the couple's shoulders or on one spouse alone. There are, however, other reasons, beyond the couple's controls. Which contribute to divorce. Some reasons are more prominent than others with varying degrees. 3. The Islamic Shari'a and the Personal Status Law Effective in the Palestinian Shari'a Courts in the West Bank are distinctive in terms of their preventive and treatment measures to check on divorce cases before, during and after their incidence. Both of them show concern about the new family by protecting it from possible "storms" from very birth of the couples, the choice of husband of his wife. This concern continues even after marriage and the creation of the new family. 4. Any sane and objective person, who follows up this problem, and understands the legal measures and the human suffering in all spheres of life, social, political and economic, realizes how this problem has always been one of Muslims' top priorities in their serious endear or to make Islam their way of life, and not only in their personal status. The issue of divorce has been the first important measure in the Islamic Shari'a. It is even considered a legal divine command and a human necessity. 5. Due to the overlapping and comprehensiveness of divorce causes, the responsibility for a solution is a common one. That is, it collective work. The responsibility requires the involvement of a cross-section of the society: decision makers, politicians, scholar’s preacher’s mass media people, teachers in schools and universities, and well-to-do people, each according to his ability. 6. Any temporary solution proposed has to be in full harmony with the aims of the Islamic Shari'a, as well as its principles, bases, and talking into consideration uniqueness of environments. 7. Further, we all have realistic when dealing with the couples. We should not hate the other have malice against the other for a passing "cloud" or conflict. Neither the husband nor the wife should expect perfection in each other. Rather, both have to look for the good things in them and understand each one's shortcomings. All human beings have good and bad qualities and we have to be patient and understanding. There is no harm in continuing marriage life even with the existence of hatred. Man does not know the invisible. He may change. Therefore, a spouse should not desert his partner in spite of his mistakes. A time may come when he finds his partner the only one next to him. 8. There have been a number of cases about this situation. The researcher has put forward a number of them to the reader. This field study has taught me a number of lessons and I hope it will teach the reader a lot about Allah's mercy on us, His wisdom and kindness in the Qur'anic laws He orders us to follow concerning divorce and its consequences. The time has long been overdue to give a shining image of our religion as it is. 9. A truly educated person is one who crosses the stage of accumulating information to possession of information stage, and then realizes the interrelation of information, methods of its generation, application, implementation of finding and spreading this information among, people nationwide.
Pages Count: 
303
Status: 
Published