SEPARATION BETWEEN SPOUSES DUE TO MODERN DISEASES A JURISPRUDENTIAL STUDY COMPARED TO THE UAE CASE LAW

Abstract

This study aims to explain the attitude of the Islamic Sahriah and the UAE Law of Personal Affairs towards the separation between spouses due to modern diseases. It showed the impact of modern diseases that lead to separation between the spouses because one partner caught infection, and to what extent these diseases are considered defects that must put an end to a marriage contract. Before judging these diseases, l took advantage of the opinions of the jurists in the dissolution of the marriage because of defects. I mentioned the statements of the jurists and their evidences, then mentioned those who support the right to separate the spouses, with a statement of defects that may be distinguished by each team of those who say it is legitimate. I concluded by mentioning the attitude of the UAE Law of Personal Affairs. In this study, I adopted the descriptive analytical inductive approach based on extrapolating the opinions of jurists on the issue of spouses’ separation, relying on the original sources of Schools of Jurisprudence.  In addition, it describes what it is like to apply the UAE Personal Affairs Law, analyzes and compares it with the opinions of the jurisprudential doctrines. The researcher found that the separation between spouses is possible whenever there is a defect that alienates one spouse from the other and does not carry the intention of marrying affection and mercy without limiting defects. Moreover, even every disease that science is unable to find a successful treatment to protect the health and heal the sick must be considered as a defect, which requires ending the marriage contract. The UAE Law of Personal Affairs has considered each of the diseases affecting the spouses, exposing the life of partners to risk, as a real