Dr. Manal Ali Al Enezi
Assistant Professor of Comparative Jurisprudence and Sharia Policy
College of Sharia & Islamic Studies
University of Kuwait

Abstract:

The research aims to explain the nature of cohabitation after divorce and its limits in Islamic jurisprudence and the Kuwaiti Personal Status Law, and to shed light on an aspect that has been hidden in studies concerned with clarifying the rights of divorced women legally and legally, especially with the emergence of what is called (contemporary cohabitation or coexistence), so this study came to clarify and root this. Scientifically, and bringing its issues closer to those wishing to know its provisions in Islamic jurisprudence and Kuwaiti law, by clarifying the meaning of cohabitation linguistically and idiomatically, and explaining a side of its provisions in Islamic jurisprudence and Kuwaiti law. The irrevocable during the waiting period and after its expiration, with the extension of the opinions of the jurists and the opinion of the Kuwaiti law in the housing of the divorced woman in custody, and then the introduction of the concept of cohabitation in contemporary time and its types, and its jurisprudential adaptation, following the inductive-deductive approach, and the research reached several results, including:
The cohabitation of a divorced woman in Islamic jurisprudence is based on conditions, and each case has its own legal ruling. Cohabitation after a revocable divorce is legitimate and takes place in the marital home unless the waiting period ends, and the jurisprudential dispute takes place within the limits of that relationship. The waiting period with reservations within the limits of this cohabitation, the Kuwaiti Personal Status Law agrees with the saying of the Hanbalis and the Dhahiriyya that the waiting period of an irrevocable divorce is as long as she wants, and the majority of jurists disagreed with them, the residence of the divorced incubator was established in general with the jurists, and the Kuwaiti Status Law restricted that with conditions, the term contemporary cohabitation is a Western term It is derived from Western laws (cohabitation) and the jurisprudential adaptation of them: it is one of the customs of ignorance that Islam came to nullify.
Keywords: the incubator’s housing, the coexistence, the residence of the waiting woman, and the legalization of cohabitation.

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