عيوب النكاح في الفقه الإسلامي : دراسة تحليلية

Abstract

It has indeed been stipulated in Islam that the talaq is in the hands of the husband. However, for some reasons that were allowed by Islamic Law, the wife also has the right to seek divorce from her husband by claiming Fasakh from kadi who dissolves the marriage. And in this academic exercise, the researcher focuses on the opinion of the jurists about the defects that occurs between the spouses that prevents the spouse from having sexual intercourse or been suffering from dangerous diseases. Based on these factors, the author has chosen a scientific academic exercise entitled “ Defects In Marriage In Fiqh Islam and Analysis “. In order to achive this goal, the researcher will use the main method that is through Arabic books that contain different opinions of fuqaha on this topic. From this study, we can draw conclusions about the current defects and the procedure of dissolution of marriage due to defects in the Islamic Family Law of Brunei Darussalam 217. This is solely aimed at upholding justice and restoring the harmony of the muslim household. In this academic exercise, the researcher also aware that Brunei Darussalam gave the power to kadi in fulfilling duties in handling problems in dissolution of marriage due to defects occur in marriage or before and after marriage.