الاستدراكات على المبادئ القضائية المفسرة لقانون الأحوال الشخصية المواد المتعلقة بالتفريق بين الزويجن للشقاق والنزاع أنموذجاً

Abstract

The researchers addressed the supplementary aspects of the judicial principles interpreting the Personal Status Law, specifically the provisions related to the separation of spouses due to discord and dispute as a case study. The researchers extracted judicial principles from the decisions of the Supreme Sharia Court that interpreted the Personal Status Law concerning the separation of spouses due to discord and dispute, and supplemented them. They followed an inductive and descriptive approach by extrapolating judicial principles from their sources and then supplementing them, as well as a comparative approach by examining the differences between opinions and discussing and analyzing them, weighing the opinions, and determining whether the stance and opinion of the Supreme Sharia Court were correct or not. The researchers concluded in their study that the Supreme Sharia Court plays a role in interpreting the provisions of the Personal Status Law regarding the articles on separation due to discord and dispute by interpreting the necessity for the judge to decree the separation of spouses based on the ruling of the arbitrators and interpreting that marital cohabitation during the consideration of the case undermines the claim of discord and dispute, and interpreting that verification in the case of discord and dispute does not imply the inability of the defendant to question witnesses.