الزواج بنية الطلاق: دراسة فقهية مقارنة

Abstract

The contents of this research discuss about Marriage with the intention of divorce or divorce. It is a very important topic in Ahwal Syakhsiah. The aim of the discussion is to explain the comprehension of marriage and its differences with other matters relating to marriage, the purpose of marriage and the disadvantages of marriage with the intention of divorce. It also contains the laws relating to marriage with the intention of divorce derived from the views of members of Fiqh in the past together with the present and their arguments related to the topic. Marriage has been prescribed to realize the benefit of humanity with their purpose of caring for their offspring. The research is aimed at enhancing one's knowledge about marriage with the intention of divorce in general and to facilitate the researchers to examine the topic in particular. The purpose of marriage is to sign a contract between a man and a woman who will support their families and to build a family’s stipulated by the teachings of Islam. Meanwhile divorce means the collapse of a marriage within the present or future circumstance with specific pronouncement or its equivalent. The research is produced in the hope of giving the reader a clear idea of the concept of marriage with the intention of divorce. Therefore, the research will be divided into three clauses, beginning with the first clause which explains the meaning of Marriage and Divorce, the evidence and the wisdom of Marriage and the conditions for a legally binding marriage in Islam. Thereafter, in the second clause, it explains the meaning of Marriage with Divorce Intent together with the difference between intended divorce with another marriage. Furthermore, it will discuss the purposes for marriage and disadvantages of marriage with the intention of divorce. In the last clause, it explains the Shariah laws relating to marriage with the intention of divorce with the members of the Fiqh jurists from the past as well as the present. It also looks into the arguments of prohibition, the requirements, and decisions made by the group of Islamic jurists about it. Finally, the discussion concludes with the result- inferred from this research paper.