The Reality of Islamic Law Dealing with the Phenomenon of Divorce in the Holy Qur’an

2021 ◽  
Vol 4 (Special Issue) ◽  
pp. 120-151
Author(s):  
Mahmoud Shaban Sayed Ebrahim

Although Islamic law was not the first religion law to establish divorce and its regulation, the observer will discover that Islamic law is the first Islamic law to have a system that ensures each spouse's rights. When taking this step, it retains and maintains their dignity, and the spouses sense the general interest in them, and that divorce in this instance is the beginning of a new life, not the end of hope in life. Similarly, Islamic law did not use divorce to manipulate the sanctity of marriage and the overall instability of married life, but it did govern everything linked to divorce, whether on the side of the husband or the woman. The study's problem becomes clear in the rise in divorce cases and rates in modern times, particularly in recent years, in a way that was not previously recognized, and in a way that raises concerns about the stability and composition of the family, particularly that divorce has undesirable consequences and negative effects on the individual and social levels, On the one hand, there is the husband or wife, or the children, or the community, and on the other hand, there is the community. Therefore, this study aims to clarify and clarify the reality of Islamic law for the phenomenon of divorce in the Holy Qur’an, through Qur’anic controls followed by Islam’s keenness to adhere to them, for the sake of family stability, and preserving the Muslim family from the factors of collapse, especially in the presence of many reasons in societies in our time that facilitate its occurrence. As a result, the purpose of this research is to clarify and explain the reality of Islamic law for the phenomenon of divorce in the Holy Qur'an, through Qur'anic controls followed by Islam's eagerness to adhere to them, for the purpose of family stability and protecting the Muslim family against forces of collapse, particularly in light of the many circumstances in today's society that encourage its occurrence. This study is based on employing the inductive method, in collecting scientific material through the Qur’anic verses, and then using the analytical method in order to clarify and clarify this issue and to clarify the reality of Islamic law for this phenomenon. This research is focusing on utilizing the inductive approach to acquire scientific information from Qur'anic verses, and then using the analytical approach to clarify and explain this problem, as well as the reality of Islamic law in relation to this phenomenon. The study reached many results that the researcher sought to extract from what he presented in the methodology of his scientific subject in explaining the interest of Islamic law in the family. The study yielded several findings that the researcher hoped to derive from what he gave in his scientific subject's technique in describing the interest of Islamic law in the family. The issue of divorce is one of the costs and legal rulings that appear in this case, the manifestations of justice and facilitation in the religious texts that clarify the provisions of divorce in Islam, and thus clarify the comprehensiveness of Islam and its realism for the issue of divorce with what is commensurate with logic and reality, which in fact considers the realities of the husband and wife, as well as children and parents following This is done without bias or unfairness to any of these factors.

Author(s):  
Mahmoud Shaban Sayed Ebrahim

لم تكن الشريعة الإسلامية أوَّل الشرائع الدينية التي جاءت بالطلاق وتشريعه، ولكن الناظر المتأمل في ذلك يجد أنَّ الشريعة الإسلامية هي أوَّل الشرائع الإسلامية التي جاءت بنظام يكفل لكل من الزوجين حقوقهما، ويحفظ ويصون كرامتهما عند اتخاذ هذه الخطوة التي يشعر من خلالها الزوجين بالمصلحة العامة لهما، وأنَّ الطلاق في هذه الحالة بداية حياة جديدة، وليست نهاية الأمل في الحياة،  وقد عنيت الشريعة الإسلامية كشأنها دائمًا في كل ما تقوم به من إصلاح وتقويم للأوضاع الاجتماعية من كل خلل يطرأ عليها، كذلك لم تجعل الشريعة الإسلامية الطلاق أداة للتلاعب بقدسية الزواج، وعدم الاستقرار العام للحياة الزوجية، ولكنها نظَّمت كل ما يتعلق بظاهرة الطلاق، سواء من ناحية الزوج أو من ناحية الزوجة. ومن ذلك تتضح مشكلة الدراسة في زيادة حالات الطلاق ومعدله في الوقت المعاصر، وخاصة في السنوات الأخيرة بشكل لم يكن متعارفًا عليه من قبل، وبشكل يبعث على القلق نحو استقرار الأسرة وتكوينها، ولاسيما إنَّ للطلاق عواقب غير محمودة وآثارًا سلبية على المستويين الفردي والاجتماعي سواء من ناحية الزوج أو الزوجة، أو الأبناء أو على المجتمع بعد ذلك. لذلك تهدف هذه الدراسة إلى بيان وتوضيح واقعية الشريعة الإسلامية لظاهرة وقوع الطلاق في القرآن الكريم، وذلك من خلال ضوابط قرآنية متبعة حرص الإسلام على الالتزام بها، من أجل الاستقرار الأسري، والمحافظة على الأسرة المسلمة من عوامل الانهيار، خاصة في ظل وجود العديد من الأسباب في المجتمعات في عصرنا الحاضر والتي تسهل وقوعه. وتقوم هذه الدراسة على توظيف المنهج الاستقرائي، وذلك في جمع المادة العلمية من خلال الآيات القرآنية، ومن ثمَّ الاستعانة بالمنهج التحليلي من أجل بيان وتوضيح تلك القضية وبيان واقعية الشريعة الإسلامية لهذه الظاهرة. وقد توصلت الدراسة إلى العديد من النتائج التي سعى الباحث في استخلاصها من خلال ما قدمه في منهج موضوعه العلمي وذلك في بيان اهتمام الشريعة الإسلامية بالأسرة، فقضية الطلاق من التكاليف والأحكام الشرعية التي تظهر داخل هذه القضية مظاهر العدل والتيسير في النصوص الدينية التي تُبين أحكام الطلاق في الإسلام، وتوضح من خلال ذلك شمولية الإسلام وواقعيته لقضية الطلاق مع ما يتناسب مع المنطق والواقع، وتراعي واقعية كلٍّ من الزوج والزوجة وكذلك الأولاد والأهل بعد ذلك دون جور أو ظلم لأي جانب من هذه الجوانب. الكلمات المفتاحية: الواقعية, الشريعة, الطلاق, الأسرة.   Abstract Although Islamic law was not the first religion law to establish divorce and its regulation, the observer will discover that Islamic law is the first Islamic law to have a system that ensures each spouse's rights. When taking this step, it retains and maintains their dignity, and the spouses sense the general interest in them, and that divorce in this instance is the beginning of a new life, not the end of hope in life. Similarly, Islamic law did not use divorce to manipulate the sanctity of marriage and the overall instability of married life, but it did govern everything linked to divorce, whether on the side of the husband or the woman. The study's problem becomes clear in the rise in divorce cases and rates in modern times, particularly in recent years, in a way that was not previously recognized, and in a way that raises concerns about the stability and composition of the family, particularly that divorce has undesirable consequences and negative effects on the individual and social levels, On the one hand, there is the husband or wife, or the children, or the community, and on the other hand, there is the community. Therefore, this study aims to clarify and clarify the reality of Islamic law for the phenomenon of divorce in the Holy Qur’an, through Qur’anic controls followed by Islam’s keenness to adhere to them, for the sake of family stability, and preserving the Muslim family from the factors of collapse, especially in the presence of many reasons in societies in our time that facilitate its occurrence. As a result, the purpose of this research is to clarify and explain the reality of Islamic law for the phenomenon of divorce in the Holy Qur'an, through Qur'anic controls followed by Islam's eagerness to adhere to them, for the purpose of family stability and protecting the Muslim family against forces of collapse, particularly in light of the many circumstances in today's society that encourage its occurrence. This study is based on employing the inductive method, in collecting scientific material through the Qur’anic verses, and then using the analytical method in order to clarify and clarify this issue and to clarify the reality of Islamic law for this phenomenon. This research is focusing on utilizing the inductive approach to acquire scientific information from Qur'anic verses, and then using the analytical approach to clarify and explain this problem, as well as the reality of Islamic law in relation to this phenomenon. The study reached many results that the researcher sought to extract from what he presented in the methodology of his scientific subject in explaining the interest of Islamic law in the family. The study yielded several findings that the researcher hoped to derive from what he gave in his scientific subject's technique in describing the interest of Islamic law in the family. The issue of divorce is one of the costs and legal rulings that appear in this case, the manifestations of justice and facilitation in the religious texts that clarify the provisions of divorce in Islam, and thus clarify the comprehensiveness of Islam and its realism for the issue of divorce with what is commensurate with logic and reality, which in fact considers the realities of the husband and wife, as well as children and parents following This is done without bias or unfairness to any of these factors. Keywords: Realism, Sharia, Divorce, Family  


2021 ◽  
Author(s):  
Aladin Jenko

"Divorce is considered a form of family disintegration that leads to the demolition of the family and family pillars after its construction through the marriage contract and then the termination of all social ties between husband and wife and often between their relatives. Divorce rates have risen to frightening levels that threaten our Islamic societies. Among the most important causes of divorce in our society are the following: The failure of one or both spouses in the process of adapting to the other through the different nature of the spouses and their personalities, the interference of the parents, the lack of harmony and compatibility between the spouses, the bad relationship and the large number of marital problems, the cultural openness, the absence of dialogue within the family. Several parties have sought to develop possible solutions to this dangerous phenomenon in our society, including: Establishment of advisory offices to reduce divorce by social and psychological specialists, and include the issue of divorce within the educational and educational curricula in a more concerned manner that shows the extent of the seriousness of divorce and its negative effects on the individual, family and society, and the development of an integrated policy that ensures the treatment of the causes and motives leading to divorce in the community, as well as holding conferences. Scientific and enlightening seminars and awareness workshops and the need for religious institutions and their media platforms to play a guiding and awareness role of the danger and effects of divorce on family construction and society, and to educate community members about the dangers of divorce and the importance of maintaining the husband’s bond and stability. As well as reviewing some marriage legislation and regulations, such as raising the age of marriage and reconsidering the issue of underage marriage, which is witnessing a rise in divorce rates. Among the proposed solutions is the demand to withdraw the power of divorce from the man's hands and place it in the hands of the judge, to prevent certain harm to women, or as a means to prevent the frequent occurrence of divorce. The last proposition created a problem that contradicts the stereotypical image of divorce in Islamic law, for which conditions and elements have been set, especially since Islamic Sharia is the main source of personal status laws in most Islamic countries. Therefore, the importance of this research is reflected in the study of this solution and its effectiveness as a means to prevent the spread of divorce, and not deviate from the pattern specified for it according to Sharia."


2021 ◽  
Vol 27 ◽  
pp. 63-96
Author(s):  
INTISAR SHAHBAZ ◽  

Abstract The problem of drug addiction for individuals, especially young people, is one of the most dangerous pests that cause many problems in various health, social and psychological aspects facing every society, but rather the whole world. The phenomenon of drug addiction often leaves individuals with dangerous negative effects on their behavior, whether towards themselves or towards others, and this requires the relevant institutions to strive for important and constructive solutions to reform such individuals, and then rid them of their negative behaviors, rehabilitate them and integrate them into society, to become active and effective individuals through their adoption of positive behaviors that are acceptable in line with the values, customs and traditions of their societies to which they belong. Therefore, our current study came to shed light on the most important effects resulting from the phenomenon of drug addiction among individuals through achieving the two research objectives which seek to know: 1- Causes of addiction to drug use among individuals 2- The effect of drug abuse on society. Upon verifying the two research objectives by relying on the analytical method of literature and previous studies, the two researchers reached the following results: First - The most important causes of youth addiction to drugs are poverty, begging, loss of one or both parents, the presence of a criminal in his family, invalid education and other various phenomena and deviations. Second - The symptoms of drug addiction push the addicted person to adopt deviant behaviors, as well as afflicting the addicted individual to psychological and mental pressures, and then afflicting his family with chronic diseases, in addition to the family breakdown occurring in the homes of drug addicts. Key words: drugs; Drug effect; The individual and society.


1985 ◽  
Vol 16 (1) ◽  
pp. 42-48 ◽  
Author(s):  
Jack Sutton

Rehabilitation counselors usually focus their efforts upon the individual client. They fail to view him or her as part of a social network -- the family. Disability causes economic, social and emotional changes within the family. These changes may upset family stability and inhibit client adjustment and rehabilitation. The family must be viewed as a vital support system for the client, and their impact on rehabilitation should be evaluated. When it is necessary, counselors must design ways to intervene with the family. Family adjustment and treatment are rehabilitation issues, and they deserve consideration in the rehabilitation process.


2016 ◽  
Vol 8 (1) ◽  
pp. 56-61
Author(s):  
Thi My Chi Vo ◽  
Thanh Luu Pham ◽  
Thanh Son Dao

In this study, we tested the long-term and negative effects of microcystin-producing cyanobacterium Microcystis aeruginosa from Vietnam on Daphnia magna under the laboratory conditions. The test organisms were fed with mixtures of green alga Scenedesmus armatus and toxic M. aeruginosa at different ratios (10% Microcystis + 90% Scenedesmus, 50% Microcystis + 50% Scenedesmus, 100% Microcystis, and 100% Scenedesmus) for over a period of 21 days. The life history traits of the organisms such as, survival, maturation, fecundity were daily recorded. Besides, the intrinsic population rate of D. magna in each treatment was also calculated based on the survivorship, the reproductive age and the clutch size of the animals. The results showed that survival, maturation and reproduction of the D. magna fed with 10, 50 and 100% M. aeruginosa was impaired. Additionally, the intrinsic population rate of the exposed D. magna was lower than that of the control. This study evidenced the adverse effects of toxic M. aeruginosa on both the individual and intrinsic population levels of D. magna. To our knowledge, this is the first report on the chronically detrimental impacts of toxic M. aeruginosa isolated from Vietnam on D. magna and contributed the scientific information on the severe influences of toxic cyanobacteria world wide. Trong bài viết này, chúng tôi nghiên cứu ảnh hưởng xấu mãn tính của loài vi khuẩn lam Microcystis aeruginosa có khả năng sản sinh độc tố microcysin từ Việt Nam lên Daphnia magna trong điều kiện phòng thí nghiệm. Sinh vật thí nghiệm được cho ăn với hỗn hợp tảo lục Scenedesmus armatus và M. aeruginosa có độc ở các tỷ lệ khác nhau (10% Microcystis + 90% Scenedesmus, 50% Microcystis + 50% Scenedesmus, 100% Microcystis, và 100% Scenedesmus) trong thời gian 21 ngày. Các đặc điểm vòng đời của sinh vật bao gồm sức sống, sự thành thục, sức sinh sản được theo dõi hàng ngày. Bên cạnh đó, tỷ lệ phát triển quần thể của D. magna trong từng lô thí nghiệm cũng được tính toán dựa vào sức sống, tuổi sinh sản và kích cỡ sinh sản của sinh vật. Kết quả cho thấy, sức sống, tuổi thành thục và sự sinh sản của D. magna cho ăn với 10, 50 và 100% M. aeruginosa bị ảnh hưởng xấu. Bên cạnh đó, tỷ lệ phát triển quần thể của D. magna trong lô phơi nhiễm thấp hơn so với đối chứng. Nghiên cứu này chứng minh ảnh hưởng xấu của M. aeruginosa có độc lên cả hai mức độ cá thể và quần thể của D. magna. Theo hiểu biết của chúng tôi, đây là báo cáo đầu tiên về ảnh hưởng xấu mãn tính của M. aeruginosa có độc phân lập từ Việt Nam lên D. magna and đóng góp thêm thông tin khoa học cho những ảnh hưởng nghiêm trọng của vi khuẩn lam có độc trên khắp thế giới.


2014 ◽  
Vol 5 (4) ◽  
pp. 256-267 ◽  
Author(s):  
Alex B. Barker ◽  
Roshan das Nair ◽  
Nadina B. Lincoln ◽  
Nigel Hunt

Purpose – Many aspects of the self are lost as a consequence of having multiple sclerosis (MS). A person's identity can be altered by negative self-concepts, which are associated with poor psychological wellbeing and can lead individuals to reconstruct their sense of self. The Social Identity Model of Identity Change argues that previously established identities form a basis of continued social support, by providing grounding and connectedness to others to facilitate the establishment of new identities. Family support is a salient factor in adjustment to MS and may enable the establishment of new identities. The purpose of this paper is to investigate identity reconstruction following a diagnosis of MS. Design/methodology/approach – A meta-synthesis of the qualitative literature was conducted to examine the relationship between identity change and family identity of people with MS and other family members. Findings – In all, 16 studies were identified that examined identity change and the family following a diagnosis of MS. Coping strategies used by people with MS and their wider family groups, affect the reconstruction of people's identity and the adjustment to MS. Receiving support from the family whilst a new identity is constructed can buffer against the negative effects of identity loss. Practical implications – The family base is strengthened if MS-related problems in daily life are adapted into the individual and family identity using positive coping styles. Originality/value – This review provides an interpretation and explanation for results of previous qualitative studies in this area.


Hawwa ◽  
2020 ◽  
Vol 18 (2-3) ◽  
pp. 117-142
Author(s):  
Susanne Dahlgren ◽  
Monika Lindbekk

Abstract This article focuses on adjudication of Muslim family law in countries that range from the Middle East and North Africa to South-East Asia. It begins by shortly summarizing the development of shari‘a in pre-modern times, up until the 19th century. We discuss the basic features of marriage among classical jurists and argue that the close connection known today between the family and Islamic law can be traced to the emergence of modern nation states and centralizing state structures. We then provide a description of important personal status reforms during the 20th and 21st centuries and consider the growing body of scholarship that engages with adjudication of Muslim family law in action and in context. Finally, we consider the contribution that the articles contained in the special double issue make to the field of research, including the questions of gender and judicial authority, religion-based judicial activism, and the courts’ involvement in larger socio-political processes.


2020 ◽  
Vol 13 (20) ◽  
Author(s):  
Jannatul Ferdaus

Maintenance is one of the basic rights which the Islamic laws have provided for the Muslim women. Though there are plenty of general provisions in Shari’ah in favour of women, especially on inheritance and dower, men have been put under strict legal obligations for their women on matter of maintenance. Nafaqa, the Arabic synonym for ‘maintenance’, signifies all those things which are necessary to the support of life. It, therefore, comprehends food, raiment and lodging, though in common parlance it is limited to food other than luxurious items. A Muslim wife can claim it from her husband as a right. She is entitled to be maintained during subsisting of their marital life, and also during ‘iddat’ period which occurs after severance of their conjugal life. In Bangladesh, two primary statutes provide the provisions regarding maintenance, that is (i) The Muslim Family Laws Ordinance, 1961 (Ordinance No. VII of 1961) and (ii) The Family Courts Ordinance, 1985 (Ordinance No. XVIII of 1985). A wife, however, cannot claim maintenance as a right under some circumstances, such as on her status of a rebellious or nashizah whereby she denies to obey her husband. All these matters related to maintenance of the Muslim wife have been discussed in this article.


2018 ◽  
Vol 7 (4) ◽  
pp. 100-116
Author(s):  
F.S. Safuanov ◽  
S.S. Kulakov

A retrospective psychological analysis of materials of 102 civil matters (comprehensive judicial psychological-psychiatric examination, CJPPE) on judicial dispute about raising a child in case of separation of parents (53 fathers and 49 mothers) made it possible to identify the relationship between the individual psychological characteristics of parents and the structure of family conflict, as well as features of child-parent relationships. Revealed that the features of personal maturity in both sexes were positive and prognostically favorable both in terms of overcoming the negative effects of a divorce and in terms of preserving harmonious parent-child relationships. Negative and prognostically unfavorable predispositions can be attributed to demonstrative traits in parents of both sexes and a tendency toward affective rigidity in men. Parents with traits of personal immaturity constituted a separate group that did not intersect with carriers of other personality traits, and in general reflected the problem of unpreparedness for marriage and family relations.


Author(s):  
Michael Ellis

The impairments associated with autism spectrum disorder (ASD) not only affect the individual with ASD, but also dramatically impact the parents, caregivers, family, teachers, school system, peers, and the community in general. The overall responsibility is great and felt by everyone who comes into contact with the individual with ASD. In this chapter, we will focus on ASD’s effect on the family. First, we will discuss what is known about how ASD typically impacts the whole family. Second, we will discuss how this family impact causes a reciprocal negative effect on the child with ASD, which may then diminish positive outcomes of interventions. Lastly, we will discuss the extent to which parental involvement is needed during treatments or interventions. I will show how certain interventions may reduce stress and the negative effects on the family and the child with ASD. It is my intention and hope that a discussion of what is “normal” in families affected by ASD will provide you with a greater understanding of ASD and the recognition that you are not alone in dealing with these challenges. This should lessen your sense of isolation and allow you to feel that your family dynamic is less “odd” and unique than you likely currently feel. As knowledge is power, some of the latest evidence and research will be shared. Being armed with this information will provide you with the confidence to tackle the typical difficulties associated with autism. You will learn how to be more resilient and avoid the most common pitfalls. The symptoms of ASD present a unique set of challenges for parents and the family as a whole. Thus, it is not surprising that research in this area indicates that caregivers of those with ASD have decreased parenting efficacy, or a reduced belief in their own parenting skills. These caregivers also have more parenting stress and increased mental and physical health problems. This is true even in comparison to the caregivers of children with other developmental disorders.


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