Testimony In Divorce

Abstract

This research aims to contribute to reducing the divorce rate by proposing to impose the husband’s witnessing of it, so his divorce becomes valid and effective against others, especially the wife. In addition, witnessing the divorce guarantees the rights of the ex-wife, as she can know the nature of her relationship with the husband and its reality without doubt or ambiguity, Likewise the rights of society, considering that divorce is part of the public order and it is not permissible to deviate from the scope of Sharia and public morals. The relationship between spouses is governed by Islamic Sharia and it regulates it, and any departure from the framework set by Sharia is a departure from the public order, so the need, while we were dealing with the issue, was to know the possibility of this (mandating testimony in divorce) without contravening Sharia and its objectives.