Summary

The primary goal of marriage is finding a life, and properly building a cohesive family, in order to reach a strong and solid society. The Islamic sharia marriage rules are founded to achieve such goals. However, marriage life may fail, so the sharia law allows ending the marital bond in case it is impossible to continue. Islam gives the husband the authority of divorce to end a marriage. In return, the wife has the right to demand from the judiciary to dissolve the marital bond "alkhala", which is an inalienable right in the texts of the Quran and the Sunnah.

 

"Alkhala" is an Islamic rule that has a legitimate basis. It corresponds to the right to divorce, practiced by the husband.  "Alkhala" requires the presence of benefit or interest for the wife to be able to end the marriage life without her husband's consent. This right for the woman to ask for "alkhala" does not require a reason for it to take place, such as a severe damage done to the wife or backbiting or not spending on her, because these reasons give the right to the wife to end a marriage by asking for a divorce from the judiciary without the husband's consent and without compensating him money.

 

The search dealt with the legitimate and legal position of "alkhala," and the trade-offs between these types to better choose what fits the community, the family and bring security to the couple and their children, and removes the uncertainty and fear about "alkhala," which has recently been activated in Palestine.

The research pointed out ​​the rights of the wife immediately after "alkhala," and concluded that the family and social interest requires detailing this right, and pinpointing the controls surrounding it, relying on the principles of the Islamic jurisprudence, and the prevailing laws in Palestine and some Arab countries.

 

Keywords:

AlKhala, An Islamic legal system, Different types, The needs of society and the family, Regulatory controls.

 

 

Title

مجلة القانون والعلوم السياسية

Publisher

جامعة النعامة/الجزائر

Publisher Country

Algeria

Publication Type

Both (Printed and Online)

Volume

4

Year

2018

Pages

9-45