Consideration of Shari'ah Rulings for Psychological Feelings: "Khula (Divorce Initiated by the Wife) Due to the Husband’s Ugliness as a Model"

Abstract

The research aims to explore the rulings on "Khula" (Divorce Initiated by the Wife) due to the wife's aversion to her husband's ugliness and lack of affection towards him. The study showed that the Islamic Shari'ah aims, in its rulings, to meet the people's interests and lift the burden from them. The study also indicated that the most important feature of Shari'ah rulings is its realism and flexibility, observation of the conditions of the accountable persons, the diversity of the people's capabilities, the constraints and circumstances affect them physically and psychologically, which require deviation from the general rulings to specific rulings suits each individual and meets their physical and psychological needs within the legal controls.

The researcher relied on the inductive theoretical approach and descriptive analysis and defined the most important terms used in the research, significance, reasons for selection, and objectives.

The research reached a set of results, the most important of which are:

1.The khula (divorce) due to the wife's aversion to her husband's ugliness is permissible according to Islamic Shari'ah.

2.The Prophet Muhammad's (PBUH) endorsement of khula in cases where the wife dislikes her husband due to his ugliness—recognizing the impossibility of achieving the optimal purpose of marriage—indicates that the legal ruling addresses the psychological and social dimensions of the accountable persons.

3.The legal ruling is not an abstract concept disconnected from people's lives and realities; thus, its application is not a mechanical action devoid of insight or reflection on the surrounding circumstances. Ignoring this leads to its application in a manner contrary to its legitimate requirements.

4.The danger of overlooking psychological needs, consequences, and social disturbances, highlights the importance of considering these psychological aspects when applying legal rulings to real-life situations.

The study provided several recommendations including:

1.Guardians, before marriage, should provide preventive measures to avoid a wife's aversion to her husband's ugliness that is by applying Shari'ah, allowing the suitor to see the fiancée and vice versa.

2.Conduct similar studies regarding the psychological and social dimensions in the legal rulings in specific other issues.

3.Judges should expedite family court cases and draw inspiration from the noble practices of the Prophet Muhammad (PBUH).