الطلاق أسبابه واثاره وحلوله في ولاية جالا بجنوب تايلاند : دراسة فقهية تحليلية

Abstract

This research aims to clarify the position of the Islamic Council of the State of Yala regarding divorce matters, highlighting the reasons leading to divorce and the consequent effects of its prevalence among the Muslim community in the state of Yala. It also seeks to elucidate the solutions proposed by the Islamic Council for divorce issues within the Muslim community from a jurisprudential perspective, outlining their legitimacy under Islamic law. The researcher developed a primary research tool using an inductive approach to collect the opinions of jurists by examining relevant information from their books. Additionally, an analytical method was employed to explain the various statements and evidence of jurists concerning divorce issues. A field study was conducted, which included interviews, visits, and follow-ups with five cases (samples) of divorced individuals, as well as five people among scholars, Shariah legal practitioners, and members of the Islamic Council committee, and two professors and academic experts from bodies related to the subject. The research is structured into four main elements. It begins by defining divorce and its ruling and the rights of divorced women in Islamic jurisprudence. Then, it explores the stance of the Islamic Council of the State of Yala on divorce matters, followed by identifying the reasons leading to the spread of divorce in the state of Yala and its associated effects. Finally, it discusses the proposed solutions by the Islamic Council of the State of Yala regarding divorce issues within its Muslim community. Among the key findings, the researcher identified major reasons for the prevalence of divorce in Yala state, including husbands neglecting the rights of their wives, unfair treatment among wives, involvement in drug and alcohol abuse, and ignorance of correct Islamic family laws. This study concludes by emphasising the necessity for Islamic councils to collaborate with all parties in addressing family issues within the community, especially at the governmental level, to promote societal peace and resolve family problems effectively.