In the lives of many couples, certain issues may arise that undermine the purposes for which marriage was instituted, such as reproduction, intimacy, and affection, among others. These issues might render achieving these purposes between spouses impossible, leading them to resort to terminating the marital bond due to its impossibility to continue between them. Since the husband holds the authority to dissolve it through divorce, unlike the wife, Islamic Sharia has facilitated various means for her to protect herself from the harm of the husband and to seek relief from his injustice, such as 'Khul' (a form of divorce initiated by the wife) and resorting to a judge for separation when the husband refuses.

In this research, we addressed a psychological disorder, namely bipolar disorder, which is one of the defects that may affect marital life, disrupt it, and make its continuity impossible. We also discussed the symptoms, causes, treatment methods of this defect, its jurisprudential foundation, the various jurisprudential rulings related to it, its impact on marital bonds, adopting both inductive and analytical methodologies to align them with the research purposes. This was achieved through conveying the opinions of jurists, discussing and analyzing them, and then favoring the opinion that preserves the objectives of marriage and serves the public interest.

 Upon completing the research, we concluded that the reasons for separation due to defects between spouses are not limited to the defects mentioned solely in the books of jurisprudence. Instead, they can extend to any defect that can be likened to the previously mentioned defects in their books, such as bipolar disorder, which is considered a confirmed defect on which both jurisprudence and law agree as a defect justifying separation between spouses within specific criteria.

Furthermore, we take pleasure in recommending students of knowledge in particular, and people in general, to delve deeper into contemporary jurisprudential topics that haven't been previously addressed in the books of jurisprudence and to write further studies discussing other rulings related to bipolar disorder, such as the sale of someone affected by bipolar disorder, their marriage, divorce, and more.

Keywords: Bipolar Disorder, Separation, Mania, Depression.

Title

المشكاة

Publisher

جامعة الزيتونة

Publisher Country

Tunisia

Publication Type

Prtinted only

Volume

--

Year

2024

Pages

30