Morality in Cases of Separation Between Islamic Law and Personal Status Law

Morality in Cases of Separation Between Islamic Law and Personal Status Law
Al-Shimaa Hamdan Youssef Mahmoud Goda,
 Department of Private Law, Sharia and Law Branch, Faculty of Islamic and Arabic Studies for Female Students, Al-Azhar University, Cairo, Egypt.
Email: alshimaagoda@gmail.com
Abstract:
This research aims to remind both parties in a marital relationship of the commands of Allah regarding maintaining or ending the relationship, seeking to ensure that separation between spouses is conducted ethically, with each party fulfilling their rights and obligations without harming the other. The study also seeks to propose solutions to legal loopholes exploited by unscrupulous individuals to harm the other party or take what they are not entitled to. The research employs the inductive, descriptive-analytical, and retrieval methodologies, ensuring the documentation of information from its original sources with academic integrity. It also uses a comparative approach to analyze the points and themes of the study between Islamic law and the Egyptian Personal Status Law. The main findings of the research include that Islamic law encourages noble morals and good treatment among people, especially between spouses. True morality is revealed in times of endings and disputes. Examples of the absence of morals include failing to provide for children, preventing the other party from seeing them, and pressuring the wife to ransom herself by giving up her rights. The research recommends establishing a legal requirement for individuals to consult reconciliation and family reunion committees before separation. It also suggests extending the concept of pre-marital counseling and family reconciliation programs to all provinces.