Fraudulent Divorce: Between Jurisprudence & Law

Abstract

Some couples resort to obtaining a divorce in court and obtaining a ruling to separate them, even though there is no real or actual reason, whether legal or religious, to issue a divorce and dissolve the marital bond. The intention behind this divorce is only to obtain a benefit or compensation that accrues to the divorced woman or the divorced man or both of them together, as a result of presenting the divorce certificate before the official authorities. In reality, the divorced couple returns to the state of marriage again, but this time without official registration. Thus, the divorce remains in effect officially, and at the same time the marriage is valid and established from a religious and practical standpoint. This abnormal situation, in reality, causes an important problem at the legal, religious, social and even moral level, due to the negative effects it causes on the family and society together. This study was based on clarifying this issue, explaining its features and determining its ruling from both the legal and religious perspectives.