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

Abstract

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.