This study aims to elucidate the therapeutic Islamic legal measures that contribute to reducing family problems related to separation, whether due to disputes and discord or defects, while highlighting their role in enhancing family stability. The study is divided into two main chapters: the first focuses on the legal measures concerning separation due to disputes and discord, addressing the concept, legitimacy, and ruling of separation, in addition to the role of arbiters in resolving marital conflicts. The second chapter examines the legal measures related to separation due to defects, clarifying the types of defects, the rulings on separation because of them, and the position of personal status laws on these issues. The study adopts a descriptive and analytical methodology to explore Islamic texts and scholars' opinions, alongside a deductive approach to derive rulings.

The study revealed that separation is a legitimate measure aimed at protecting both parties from harm and that the arbiters appointed by the court play a crucial role in family reconciliation. It also highlighted that many defects previously warranting separation are now treatable due to medical advancements, which helps reduce separation cases. The study recommends enhancing family awareness, mandating medical examinations before marriage, and improving arbitration procedures to ensure fairness and effectiveness in decision-making.

Keywords: Islamic legal measures, separation, disputes and discord, defects.

Title

جامعة الزيتونة العلمية

Publisher

جامعة الزيتونة الدولية

Publisher Country

Syria

Publication Type

Prtinted only

Volume

30

Year

2025

Pages

39