الشروط الضابطة لفك الرابطة الزوجية لذات القرء الحائل: دراسة حديثية فقهية

Abstract

This topic, entitled "Conditions Governing the Dissolution of the Marital Bond: A Hadith and Jurisprudential Study," focuses on the case of a woman whose menstrual cycle has ended after consummation of the marriage, a prevalent situation in our lived reality. We will address this issue from both a hadith and jurisprudential perspective, clarifying the hadith narrations that establish and regulate these conditions for dissolving the marital bond. We will begin by highlighting the fundamental concepts contained in the title, followed by a presentation of these conditions: the dissolution of the marital bond must be contingent upon the wife's menstrual cycle being pure; the husband must not have marital relations with her during the period of purity in which the divorce occurs; the divorce must be pronounced with a single pronouncement; and the divorce must not occur during the period of purity immediately following the menstrual cycle in which the divorce was pronounced. This ensures that the dissolution of the marital bond adheres to the conditions derived by jurists from the texts of the Quran and Sunnah. Our aim is to contribute to raising jurisprudential awareness among segments of our society who dissolve this bond in violation of the established legal conditions and regulations. The one who organizes it.