Arbitration between the spouses

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Product description

This book states that a healthy marital relationship is a sanctuary for the spouses, as long as it adheres to the correct Islamic methodology. However, this relationship may sometimes be marred by disturbance and distortion, leading to aversion and discord between the spouses in proportion to their distance from this methodology. Therefore, the engagement was legislated, which is like a preparation for marriage, so that the spouses get to know each other and minimize, as much as possible, the irreconcilable differences, to avoid marital problems after marriage. The Shariah has been keen to limit marital problems, so it legislated rulings specified in the two Holy Revelations, out of concern for the importance of the family in society. Allah the Almighty explained that when discord occurs between the spouses, there are ways to deal with this expected problem in marital relations, known as (arbitration). Allah the Most High said: (And if you fear dissension between the two, send an arbitrator from his family and an arbitrator from her family). Since there is a pressing social need for this topic, I wanted to dedicate a jurisprudential book to explain the rulings of this noble verse, clarifying the opinions of scholars regarding it, along with mentioning what the Kuwaiti Personal Status Law has adopted, so that the benefit is widespread, and it becomes practical, applicable, and a material for legal codification, especially given Kuwait's interest in this matter through the presence of Family Courts and reconciliation centers, which are expected to achieve their goals according to Islamic law. I have compared the four well-known schools of thought with the Kuwaiti law, with care to cite evidence regarding the authority of the two arbitrators in divorcing the spouses, and to mention jurisprudential details related to this vital and important issue. The author