真主的使者(愿真主保佑他并赐予他和平)的法令的法律目的,通过伊本·塔拉(伊本·塔拉)的真主使者(愿真主保佑他并赐予他和平)的法令(离婚之书)作为个人身份

Omid Mohamed Amin Mustafa, Sabah Star Saeed Mustafa
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引用次数: 0

摘要

以至仁至慈的真主之名,赞颂安拉,祝福和和平归于我们的先知穆罕默德,他的家人和他的同伴。后……在本研究中,我们试图选择书中的离婚话题(真主的使者的判决)-愿他平安-由作者穆罕默德·本·法拉吉·阿尔·库尔图比,谁写了这本书在第五世纪的伊斯兰教,以阐明和阐明真主的使者在离婚问题上的问题。一开始,我们讨论了在伊斯兰教中制定裁决的审判和目的,然后我们阐明了一般的司法,以及真主使者的司法-愿他平安-具体来说,因为在他的审判中-愿他平安-更高的目的和伟大的审判。众所周知,如果没有爱,家庭内部无法和睦相处,那么离婚将是解决问题的关键,但在遵循伊斯兰教法规定的所有方法之后,以维持家庭关系为目的。尽管离婚是合法的和合法的伊斯兰教,它是作为解决方案在家庭关系的危机,它限定条件和定义阶段,必须考虑离婚前的人的过程,包括离婚——例如,不发生在月经期间,或者叫做女人的月经周期,因为她是在一个不恰当的心理状态,她从她的丈夫有点遥远的天性。其中,他在三种情况下将离婚合法化,是为了给夫妻双方留出空间,考虑回到婚姻的问题,因为双方或一方在第一次或第二次离婚后可能会后悔,他们想要解决这个问题。真主的使者——奉全能的真主的命令——让他的妻子们在两件事之间做出选择:要么选择今世的生活和诱人的美丽,要么选择真主和他的使者,或者选择真主和他的使者和来世的家,所以他们选择了后者,这将是地球上最幸福的婚姻生活。然后,如果一名妇女确认她无法继续与丈夫的婚姻生活,而法官认为她是对的,那么伊斯兰教法就赋予她废除婚姻的权利,通过立法规定妇女在伊斯兰教法中所谓的(Khule -要求开始离婚),作为妻子有权废除婚姻的权利。在某些情况下,丈夫发誓不接近他的妻子,为了纪律和建议的目的,或任何其他合法的目的。同样,如果他对他的妻子说:“你就像我母亲的背,或者我妹妹的背,想要在心理上伤害她,那么他就必须为自己的行为赎罪,就像《古兰经》中提到的那样。”所有这些事情都没有立法,除非是为了在家庭中建立幸福的生活,防止家庭解体和解除家庭关系,全能的上帝称之为牢固的盟约。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The legal purposes of the decrees of the Messenger of God (may God bless him and grant him peace) in personal status through the book of the decrees of the Messenger of God (may God bless him and grant him peace) by Ibn al-Tala’ (Book of Divorce as a mode
In the Name of God, the Most Gracious, the Most Merciful Praise be to Allah and blessing and peace be upon our prophet Mohammed, his family and his companions. After that... In this study, we have tried to choose the topic of divorce in the book (The Judgments of the Messenger of God) - Peace be upon him- by its author, Mohammed bin Faraj Al-Qurtubi, who wrote this book in the fifth century AH, to elucidate and shed light on the issues of the Messenger of God in matters of divorce in particular. At the outset, we talked about the judgment and the purposes in enacting rulings in Islam, then we shed light on the judiciary in general, and the judiciary of the Messenger of God - Peace be upon him - specifically, because in his judgments - Peace be upon him - higher purposes and great judgment. It is known that if there is no love left and the impossibility of accord, harmony and coexistence within the family, then divorce will be the key to the solution, but after taking care of all the methods prescribed by the Islamic sharia, for the purpose of maintaining the family tie. Although divorce is lawful and legitimate in Islam, and it was put as a solution during the crisis of family relations, it set conditions and defined stages and limits that must be taken into account by the man before the divorce process, including - for instance - that the divorce not take place during menstruation period, or what is called the menstrual cycle of the woman, because she is in an inappropriate psychological state, and she is somewhat distant by nature from her husband. Among them is that he legalized divorce on three instances, in order to keep room for the spouses to think about the matter of returning to the wedlock, as both or one of them may remorse after the first or second divorce, and they want to solve the problem. The Messenger of God - by order of Almighty God - gave his wives the choice between two things: Either they choose the life of this world and its alluring beauties, or they choose God and His Messenger or to choose God and His Messenger and the afterlife home, so they choose the second, and it will be the happiest married life on earth. Then, if a woman confirms that she is unable to continue the marital life with her husband, and the judge finds that she is right, then the Sharia has given her the right to annul the marriage by legislating what is called (Khule - demanding the initiation of divorce) by the woman in the Islamic Sharia, as the right entitled to the wife to annul the marriage. In some cases, the husband swears not to approach his wife, for the purpose of discipline and advice, or for any other legitimate purpose. Likewise, if he said to his wife: You are like my mother’s back, or my sister’s back, with the intention of hurting her psychologically, then he has to expiate severely as a punishment for what he did, as it is mentioned in the Holy Qur’an. All these matters were not legislated, except in order to establish a happy life in the family, and to prevent the family disintegration and disengage the family ties, in which Almighty God called it the strong covenant.
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