The Effect of Custom in the Occurrence of Divorce

A Comparative Study of the Personal Status Law in the Kurdistan Region

Abstract

The custom of the fundamentalists is what has settled in the souls in terms of testimonies of minds, and a sound character has accepted it, and it is a source of Islamic legislation if it meets the conditions and controls set by our esteemed scholars. If we look at the reality of people in Kurdistan, we find that they are familiar with the use of a conditional divorce or an oath with it to strengthen their resolve or compel others to do or leave something, and they increase the three forms of divorce, either with one word (you divorce three) or by repeating the word (you Divorce, you are divorced, you are divorced) to confirm their divorce and its enlargement, so do these norms of divorce influence the Sharia ruling in terms of its rhythm or non-infliction and its consideration as an oath in the case of a pending divorce? Also, in the case of the three divorce, is their custom of interpreting it with one confirmed shot and not making it three? After examining the rulings on both pending divorce and the three divorce and the sayings of the jurists therein and their evidence from the mothers of the books of jurisprudence and its sources, and presenting the prevailing custom in the two matters to the rules of established custom, it became clear to me that the prevailing custom in the two issues is a legally considered custom and it is correct to be a reliable guide in favoring a statement over say; Therefore, it is more likely for me to say that considering the intention of the divorced, if he wants to suspend his divorce by oath and the oath, his divorce does not take place and the expiation is not required, but if he wants to divorce when the condition is fulfilled, then his divorce takes place, and in the issue of the three divorce issue, it is more correct to say that the three divorce has occurred only one divorce. God grants success.