Abstract

This pioneering research in the domain of Islamic Law, analyzes the marriage and divorce provisions according to the Hanafi & Ja'fari views. The study is a theoretical research which treats the related provisions according to both Schools of law, based upon Qur'anic edicts, Prophetic Traditions, Islamic Law and Jurisprudence. ;Hence, we adopt the historical and analytical methodologies to analyze the topic of our thesis. It then clarifies stipulations in Islamic Law about marriage and divorce. ;Both of the methodologies reveal the actual status of marriage and divorce throughout history among different people, and define the Islamic conceptions, by shedding light on Qur'anic edicts and legal derivations of the jurists: Imam Abou Hanifa and Imam Ja'far. ;We divide our discussion into eight major themes, constituting two sections. We begin our thesis identifying the hypothesis, problem and methodology. We then make an historical overview of the Arab Peninsula and Pre-Islamic civilizations. ;The first part includes five chapters defining the legality of marriage, its terms and characteristics. It also details the rules of absence during marriage contract, women's rights in the dowry, alimony, right of obedience and heritage, etc... ;The second part of the study analyzes divorce provisions in Islam according to both Schools, with discussion about its terminology, basis, types, characteristics of the spouse separation and divorce. ;Finally, we deductively conclude with a discussion on significance of Islamic Jurisprudence, Qur'anic edicts and Prophetic Traditions, to establish the right foundation for individuals in matrimonial relations