The ruling on divorce without legal justification and the restrictions of its rhythm in Islamic law

Abstract

The research aims to clarify the ruling on divorce without legal justification, and the extent of its occurrence in Islamic Sharia.

The researcher relied on the inductive, deductive and descriptive method.

The research dealt with the concept of divorce and its ruling, and the ruling on divorce without legal justification and the restrictions of its rhythm.

The researcher reached important results, the most important of which are:

1- The original ruling for divorce is prohibition and prevention, and it is not permitted except for urgent need and necessity. Because the divorce of a woman with the integrity of her situation and her commitment to her duty, her divorce is prohibited because of the sin that it involves, and the offense against her, and because it represents a crime against her, as well as the woman asking her husband for divorce without anything wrong, it is forbidden, and this is the most correct.

2- Divorce is an exceptional legislation for necessity after the husband has gone through all the stages that limit the occurrence of divorce.

3- Divorce from the husband without a legitimate reason is acceptable, then it does happen, but the husband is a sinner, because of the harm he causes to the other party and the destruction of what God Almighty has legislated.

4- Adherence to legal restrictions, especially those related to the provisions of divorce that Islamic law enacted, reduces its occurrence, and restricts it with legal restrictions in order to prevent haste in it, and to preserve the wife and children, and marital life from cracking and collapse.