صيغة تعليق الطلاق واجراءاته القضائية في قانون الأحوال الشخصية بولاية ترنجانو : دراسة فقهية تحليلية

Abstract

This research aims to study the conditional divorce in Islamic jurisprudence and the practice of conditional divorce in the Islamic Family Law (Terengganu). The researcher also dealt with some models of conditional divorce cases, carried out in the Shariah court in the state of Terengganu, and the statement of judicial procedures for this practice. This research revealed some questions on this subject, namely: to which extent the conditions mentioned in the pronouncement of conditional divorce in the formal Islamic Family Law (Terengganu) is consent to the Islamic law, and how to apply this practice to this law. The researcher has adopted the inductive approach by tracking the statements made by jurists from original sources and books of jurisprudence, assets, and scientific research. As well as the analytical approach to discuss the statements of jurists on the subject of conditional divorce in Islamic jurisprudence and the analysis of the official conditional divorce pronouncement in the Islamic Family Law (Terengganu). The researcher conducted the field study by interviewing two staff members of the Shariah Court of the State of Terengganu. One of the most important conclusions reached by the researcher is that the conditions mentioned in the pronouncement of the official conditional divorce in the Islamic Family Law (Terengganu) did not contradict the conditions of validity of the conditional divorce in Islamic jurisprudence. The researcher believes that applying this practice is one of the best ways to preserve the wife's rights and keep her away from harm and injustice. He also suggests the unification of the conditional divorce as one pronouncement in all Malaysian states.