The study aims at investigating the legislative purpose in letting divorce in the hands of men; it also explores other legislative alternatives that allow women to ask for divorce. In accordance with these two dimensions, the research suggests an agreement to allow women to ask for divorce whether during signing the marriage contract or after it.

The two researchers adopted the descriptive comparative approach by which they can describe the occurrences of divorce and Khul’ (a divorce instigated by the wife who as to pay compensation) or separation by law and give a precise and obvious description according to people of jurisprudence.  Then, the researches will apply the comparative approach by which they compare the scholars’ opinions to overweigh these opinions.

The most significant results of the study are the followings. The wife can ask for divorce, and the husband shall give her the choice by authorizing her to divorce or by divorcing her immediately without giving her any authority on that. In addition, the wife can impose a condition on the marriage contract by which she can get divorced at any time; this choice is restricted by the country law. Furthermore, the right of Khul’ is restricted by the acceptance of the husband, for example in Palestine, and this is called consensual Khul’ unless this request (of Khul’) happens before wedding and having sexual intercourse. Finally, separation occurs through juridical channels.

Title

مجلة العلوم الانسانية

Publisher

جامعة الاقصى

Publisher Country

Palestine

Publication Type

Both (Printed and Online)

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Year

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