Provisions for the Disputes that Arise Between Spouses During Revocable Divorce in the Maliki School of Thought: Comparison with Jordanian and Kuwaiti Personal Status Laws

Abstract

This study aims to clarify the provisions of disputes arising between spouses during revocable divorce in the Maliki school of thought, delineate the concept of ‘revocation’ according to the  followers of the Maliki school, and advance the evidence which they, besides the jurists who agreed with them,  relied on, plus the evidence presented by those who disagreed with them. This study also aims to point out the cases of claims made by both spouses during a revocable divorce, and when their claims are accepted and when they are not. The study also aims to determine the provisions of Jordanian and Kuwaiti personal status laws regarding these issues. 

Of the results of this study is that the menstrual periods according to the Maliki school are the purifications; a woman is not permissible according to the Maliki school if she is less than forty-five days old; and if a woman claims that her waiting period has ended with menstrual periods, and if it is within the period in which the three menstrual periods end in most women, then she is to be believed and is not required to swear an oath. However, if she claims a period that rarely expires, the well-known opinion among the Malikis is that she is not to be believed unless there is evidence. If the divorcer claims that he had intercourse with her with the intention of taking her back, his statement is accepted according to the Maliki school of thought, and if the man claims that he took her back jokingly, his statement is not accepted if his wife is in her waiting period. However, if her waiting period has expired, he has no right to take her back.