توثيق الطلاق بالأشهاد في الفقه الاسلامي والقانون (دراسة مقارنة)

Abstract

What is meant by the witnessing of the divorce for the purpose of documentation is to impose it in the presence of witnesses of justice who testify to hearing the establishment of the divorce formula and the dissolution of the marital bond in their presence, either as a guarantee of the fulfillment of the declarations of the divorce or a guarantee of fulfilling the legal pillars of divorce and the text of the testimony of divorce was mentioned in the Holy Qur’an, and the jurisprudence regarding its interpretation was divided into  There are two parts, one section believes that it is a duty and one of the pillars of legal divorce and is not valid in contrast to it, and another section does not consider it obligatory in the divorce, but rather explains the necessity of testimony for the return, it does not go beyond being evidence of proof in the divorce, and the witnesses of divorce are required to have legal conditions that must be met by the two witnesses, which are male and justice, and the meeting in the divorce council.