The case of Istithna' , i.e. Exceptional, by God Willing and its effect on Divorce A Study in Comparative Jurisprudence / Fathalla A. Tuffaha
The subject of this research present an important issue of the pronunciation issues in Divorce, namely,the exception in Divorce connected to the divine willingness. In this research I have clarified related issues such as : the concept of exception ,its phrase , conditions of exception's ralidity, exception's impact on Divorce and the status of religious scientists on Divorce. Also, I have studied exception in divorce comparlirely with other Islamic sects, presenting proofs , and weighting favourably what I have considered as valid according to the rules of specialists in such issue. It appears from the research the following points: The first: The Sentence , God Willing, Associated with divorce is conditioned and could not be accepted. Second: The sentence uttered by a man to his wife saying you are divorced by God willing is not valid and probably refused by Muslim Jurists, and this verdict is the one accepted by the researcher. Third: The froms of , God Willing, are many, but all of them are not valid as far as divorce in concerned.