التفريق بين الزوجين للغيبة فقها و قانونا

Abstract

This study deals with the issue of separation of spoues for going missing under the Islamic jurisprudence in comparison with
the Sudan Family Act 1991. The study sheds lights on the definition of absenteeism, and the opinions of jurists on differentiating
between the spouses because of them, and the conditions that must be available to differentiate the absence, and the procedures
of differentiation for absenteeism, and then the distinction between the spouses of absenteeism.

The comparative descriptive analysis research methodology is followed in this thesis , as the views of jurists of the eight Islamic
jurisprudential schools with regard to judicial separation for absence are illustrated , critiqued , analyzed , and compared with
the rules that are provided for in the 1991 Sudan Family Act , with proposals for reforms.
The most significant conclusion this thesis has reached is jurists have differed on the permissibleeness of separation when
the husband goes missing and they have two opinions as they were presented in the study.