LEGAL DISSOLUTION OF MARRIAGE IN ISLAM TERMS AND CONDITIONS

Аннотация

This article scientifically and theoretically studies the concept of marriage in Islamic law, the legal grounds for the dissolution of marriage, various legal grounds for the dissolution of marriage, issues of iddah, situations in which divorce may occur between husband and wife, such as khulu', ila', zihar, and mula'ana. At the same time, issues related to thedissolution ofmarriage are analyzed basedonthesources of Islamiclaw. Keywords:marriage, idda, hulu', iyla, zihar, mulaana, fiqh, expiation,divorce. In all legal systems, the issue of marriage annulment is considered one of the important aspects in the regulation of family relations. However, different legal systems approach this issue differently. However, the common goal of all legal systems is to ensure the stability of marriage andpreserve family relationships. Divorce is also prohibited in Islamic law and is permitted only in cases of necessity. Because in Islamic teachings, marriage is considered as a sacred covenant, family is the pillar of society, and its violationcauses serious consequences. According to Islamic jurisprudence, divorce is considered a last resort only when the relationship between husband and wife cannot be improved, that is, when it is impossible to achieve the goals of family life. This is stated in the hadiths narrated from the Prophet (peace be upon him): “Marry, and do not rush into divorce, for the Throne of the Most Gracious trembles at the word divorce,” and “The most halal thing that Allah dislikes is divorce.” [1. – B.445.]. In Islamic legal doctrine, marriage is valued as a sacred covenant and its maintenance is defined as one of the main goals. That is why annulment of marriage, i.e. divorce, is actually not approved in Islamic jurisprudence, but is allowed only in case of necessity. Burhanuddin Marginani in his famous work "Hidaya" states about this: "Divorce is actually forbidden, but itis allowed out ofnecessity" [2.-B.248.; 3.–B.272445.; 4.-B.73.]. According to Islamic jurists, the dissolution of marriage is considered an exceptional case. That is, divorce is permitted only when the relationship between husband and wife has deteriorated and the possibility of living together has disappeared. This approach, on the one hand, aims to preserve the sanctity of the family institution, and on the other, to protect the interests ofbothparties. page925 INTERNATIONAL JOURNAL OF ARTIFICIAL INTELLIGENCE ISSN:2692-5206,ImpactFactor:12,23 AmericanAcademicpublishers,volume05,issue05,2025 Journal: https://www.academicpublishers.org/journals/index.php/ijai In Islamic law, a marriage can be annulled for various legal reasons. In particular, a marriage loses itsvalidity inthefollowing cases: 1. Death - the marriage relationship ends naturally with the death of one of the spouses. 2. Divorce – is a method of divorce carried out by the man and is carried out in accordance with thesigns ofSharia. 3. Khulu' - occurs on thebasis of a woman demanding a divorce from her husband in return for acertain compensation. 4. Difference – a divorce carried out by a judge or authorized judicial authority, usuallydue to various disputes, injustice, or failure toprovide maintenance. 5. Ila – a situation that occurs when a husband swears to his wife not to have sexual intercourse for a certain period of time and then does not have intercourse even after this period has expired. 6. Zihar - is one of the vows of the Jahiliyyah period, which is avoided as much as possiblein Islam ,but ifit isfollowed, itcauses divorce. 7. Thought - termination of marriage by both parties swearing in the name of God withoutproof ofadultery between thespouses. Thus, the annulment of marriage in Islamic law is always based on legal basis and wisdom. This is another form of legal approach aimed at ensuring the stability of family and society in Sharia. In Islamic jurisprudence, marriage is a sacred covenant between two sane, adult men and women, based on the requirements of Sharia law. This covenant is realized through a marriage contract (contract) and binds the two individuals with mutual rights and obligations forlife. One of the circumstances that terminates a marriage is the death of one of the spouses . In this case, the marriage ends spontaneously, that is, without any separate legal action. Islamic jurists consider this a natural event and explain it as the “dissolution of the marriage” –that is, its automatic termination in accordance with the requirements of the Sharia. A woman is obliged to wait for the iddah (waiting period) after the death of her husband. The word “iddah” means “counting” in Arabic. In the term, it refers to the interim period during which a woman who has been separated from her husband due to death or divorce waits without touching another husband. The iddah is actually a period established in the Sharia to honor the memory of the deceased husband and the life she spent with the divorced husband, and mostimportantly, todetermine whether thewo