إضافة الطلاق إلى الرجل أو المرأة أو جزء منها : دراسة فقهية مقارنة 10.35781/1637-017-016-008إضافة الطلاق إلى الرجل أو المرأة أو جزء منها : دراسة فقهية مقارنة

Abstract

This research deals with the study of jurisprudential issues related to the rule of adding divorce to men or women or a part of her. The research shows the following: 1. If a man adds divorce to himself using explicit expression, like telling his wife "I am divorced of you or I am divorced, divorce does not take place. However, it is considered to be a divorce when the man adds it to himself using inexplicit (metaphorical) words like 'I am irrevocable for you or I am prohibited for you, if he means it. 2. Divorce is a right of the husband. He may divorce his wife himself, may authorize her to divorce herself, and may delegate others to divorce her. and the rule of the foreign agent is the same as her rule, and each of the mandate and power of attorney does not conceal the right of the husband in divorcing his wife. He may use that right whenever he wishes. So, if the husband delegated his wife to divorce herself and she said I divorced myself, or I divorced of you, it is considered as a Retroactive divorce. However, it does not happen if she said I am divorced 3. Divorce takes place if added to the common part of women such as head, neck, back, or what is expressed by the whole body such as neck, neck, spirit, body, body, vulva, face, and what does not go away like the hand, the leg and so on. However, divorce does not take place if is added to a part separate from her like her hair, nail, tooth or her waste such as urine, milk, sweat, tears, and semen. Divorce does not take place too if the husband says your beauty or color is divorced because these are not of her parts by creation, and so is it If he says to the wife, whose right is cut, your right hand is divorced. 4. If the husband added the part of divorce to his four wives, or one of them as if the husband says to the four of them there is half a divorce among you, or to one of them you are half divorced, or a quarter of a divorce, a full divorce takes place. In fact, the part of a divorce is the same as a full divorce because mentioning what cannot be divided into parts is the same as mentioning the whole of it.