THE ORIENTALIST POSITION ON THE PROVISIONS OF DIVORCE IN ISLAM AN ANALYTICAL STUDY

Abstract

A number of orientalists and those who followed them echoed their suspicions about women’s rights in Islamic law, and those rights were related to the legislation of divorce in Islam, ignoring what God had legislated of a woman’s right to ask for divorce if she needed it, and what was stated in Islamic law regarding women’s rights that aid the perpetuation of married life. , and the prevention of divorce, and what rights are preserved for women before and after divorce, and one of the objectives of this research: to respond to the claims of orientalists and those who follow them, and to clarify the advantages of divorce in Islamic law, as it was forced to it, and the legal limits and restrictions that prevent the occurrence of divorce with a statement of the evils of Tire Divorce in contemporary Judaism and Christianity, and among Arabs in the pre-Islamic era. The research concluded a number of results, the most prominent of which were: The invalidity of orientalist claims about divorce legislation in Islamic Sharia Misrepresentation in the legality of divorce in Judaism because of the injustice that it entails for women, and the lack of agreement by the Christian churches on a single decision regarding divorce, and it has been shown that Orientalists do not differentiate between Islamic legislation and the facts of people’s conditions, in which injustice against women appears among individuals in some Islamic societies.