Separation Due to Husband’s Imprisonment

Separation Due to Husband’s Imprisonment PDF

Mahmoud Abbas Saleh Abu Issa

Supervisor(s)

Dr. Marwan Al-kaddomy -

Discussion Commity

190 صفحة

Abstract :

Abstract Islam, by marriage legislation, aims at building a complementary society, finding a cohesive family, entrenching husband and wife, and meeting their instinct within legitimate limits and controls… and consequently achieving mercy, cordiality, and quietness. So Islam found marriage contract to control all that, but because there are differences between people's natures and characters, there problems might occur between the husband and his wife, so the intended aims of marriage contract will not be achieved, for this reason Islamic legislation put solutions for all these problems which might occur after marriage contract. One of the most important problems that Islam put a solution to is that defect which the wife might confront from her husband for any reason. And there are several reasons such as the absence of the husband and being far away from his wife, this absence might be deliberately, in the husband's will, and it might be obligatory, against his will such as being in prison for a long time, or being ruled by imprison punishment that is restrictive for a long time. In all these cases the wife will confront defect as a result of the absence of her husband. The true Islam came to remove tightness, offence, and fatigue from people's life, Islam here aimed at removing the defect of the wife and the expected defect as much as possible. This thesis aimed at showing the wife's right to ask for separation between her and her husband because of his imprisonment. It illustrates the restrictions and the controls that restrict this right, and it also aimed at showing the theory of the lawsuit of separation for imprisonment in front of the legitimate courts in the West Bank, and the procedures that should be taken when this lawsuit is submitted, and the litigation procedures and the manner of proving the lawsuit, and pronouncement. Then showing the effects of the judge's separation between the wife and the husband.

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