Dr. Khaled Al Mutairi
Associate Professor of Comparative – Jurisprudence and Islamic Studies – Kuwait International Law School

Abstract:

In this research paper, I dealt with a recent issue related to modern technology and its impact on the disintegration of the Muslim family, entitled “The Impact of Pictures and Correspondence through Social Media in Proving Divorce for Harm in Islamic Jurisprudence and the Kuwaiti Personal Status Law.” I divided it into an introduction, three sections, and a conclusion. The introduction showed the importance of research in addressing the issue in question, then came the research problem, which consists of trying to reach a ruling through research and consideration of the sayings of jurists and legal scholars. This was followed by the research objectives, the most important of which are: showing the impact of images and correspondence in proving divorce to harm, and I mentioned previous studies, as well as the research methodology and its plan
As for the first topic, it showed the definition of divorce for harm according to linguists, jurists and Kuwaiti law, as well as social media, linguistically and idiomatically. In proof of divorce to the detriment.
Finally, I ended the research paper with a conclusion in which I showed the most important results that were reached through this research, the most significant of which are: indicating that Islamic Sharia is valid for every time and place, and that the methods of proof in it are more general and broader than the methods of proof in Kuwaiti law, and that photos and correspondence that are used through social media constitute one of the ways to prove divorce for harm. I have also shown that the Kuwaiti legislator has adopted the Maliki doctrine as a corner stone in setting the law of separation to harm. Following the results, some recommendations related to the research topic were stated.

Keywords: differentiation of harm, methods of proof, marital problems, modern techniques, good tenure.

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