The Legitimacy of Islamic Centers' Authority in Matters of Divorce (A Comparative Study)

Abstract

The issue of the Islamic centers' jurisdiction in protecting the morals stemming from contemporary challenges, and the resulting ramifications within the frameworks of the personal status laws in Arab and Islamic countries, is considered an emerging issue. This jurisdiction revolves around conceptual, jurisprudential, and legal overlaps pertaining to its legitimacy, the foundations it relies upon, the limits of its practice, and the consequences resulting from its decisions.

​          The legitimacy of this jurisdiction is based on a set of jurisprudential rules, the most prominent of which are the rule of necessity, the rule of seeking interests, and the rule of lifting hardship. Alongside this, it is understood jurisprudentially that these delegated bodies are permitted to assume the role of the legitimate judge in family disputes that cannot be decided by him. The enforcement of this jurisdiction entails Sharia and legal procedures, ensuring the protection of spouses' rights and preventing self-retaliation.

​          The practice of their jurisdiction in marital issues entails Sharia and social implications and consequences, which necessitates defining the extent of the practical application of the existing legal regulations. This is essential for achieving a balance between the purposes of Islamic Sharia and the requirements of the prevailing legal systems, which contributes to stability, facilitating peace, and limiting disputes.