أَدوات التَّعليـــق والشَّـــرط في مسائل الطَّـــلاق: الفُـــروق اللغوية والفقـــهية وعللها دِراسةٌ تَأصيليةٌ في المذهب الشَّـــافعيّ

Abstract

Conditional and Suspensive Tools in Divorce Matters: Linguistic and Jurisprudential Differences and Their Reasons-A Foundational Study Within the Shafi'i legal tradition

Abstract:

This study addresses the issue of conditional and suspensive tools, their meanings and implications, the differences between them, and their impact on matters of personal status—especially in divorce. These tools are of great importance due to their influence on differing legal rulings that result from the variation in wording. This necessitates a careful study that combines linguistic and jurisprudential perspectives to understand the reasons behind these differences and their practical applications. Accordingly, this study is titled: "Conditional and Suspensive Tools in Divorce Matters: Linguistic and Jurisprudential Differences and Their Reasons – A Foundational and Applied Study in the Shafi’i School of Thought."

The researchers adopted a documentary, dialogical, and analytical methodology in addressing this topic. The study yielded several conclusions, notably the recognition of precise linguistic differences between tools of condition and suspension, which lead to variations in legal rulings in the field of divorce—such as immediacy, delay, repetition, and non-repetition. These aspects influence whether divorce takes effect or not. Furthermore, the presence of an exchange or compensation meaning within some suspensive expressions (such as khulʿ divorce) affects both the legal meaning and ruling regarding the occurrence of divorce. The study also notes a disagreement among jurists regarding how to interpret and deal with certain conditional and suspensive expressions and their meanings, as detailed within the research.