سكنى المعتدَّة بين أحكام الشَّرع والعقبات الحديثة: دراسة مفصَّلة في بيان مكان سُكنى المعتدَّة في عدَّتها على مذهب الإمام الشافعيّ

Abstract (English)

This research aims to shed light on the residence of the woman during the time of her waiting period due to the importance of this rule in protecting Muslim women, preserving lineages, and showing submission to Islamic law. This research deals with the residence rules in terms of the obligation of housing for her on the separating husband, and the residence of the separated wife based on the different conditions that arise from whether the husband owns a residence or not, and whether the wife was moving within the country, traveling outside the country, or intending to travel just before the separation reason occurred. Moreover, this research puts forward what the religion rules concerning her place of residence under these conditions are. The main effort in this study is based on collecting these conditions, describing them, arranging them, and dividing them under multiple headings to make it easier for learners to understand and abide by these rules. The escalating number of divorce and separation cases these days prioritizes elucidating these judgments and spreading them to raise awareness among people and induce them to abide by the rules of religion. In addition to that, since our society is facing a problem where it has become difficult to find a suitable residence for the person to live in, especially with the economic crises that different countries are facing; thus, causing an obstacle for the husband to leave his house for the woman to live in during her waiting period, or to provide a home for her to spend the waiting period in if he does not own a house; it has become essentially important to clearly state the rules of religion relevant to these cases. In this research, the descriptive inductive approach was followed, relying first on collecting and describing the conditions that a woman might be faced with when the reason of separation occurs, and then tracking the judgments of religion to identify the place of residence based on those different conditions. Moreover, the demonstrative deductive approach was applied where the religious evidence from the Qur’an and the Sunnah was gathered and mentioned to manifest the aforementioned rule. Since the residence judgments are divergent and varied, and their issues are related to the obligation of the waiting period, the obligation on the separated woman to stay at home, and the obligation of alimony and housing for her, these points were briefly discussed in this research.