The Fostering of Marital Discontentment (takhbib) and Its Consequences in Islamic Fiqh and Saudi Law

Bandar Abdulaziz Al-Yahya

Abstract


This study seeks to define takhbib (fostering of marital discontentment), its consequ-ences in Islamic fiqh and Saudi law, to show the threats takhbib poses to individuals, communities, social security and social and familial stability. The study also exposes takhbib's spreading of alienation, grudges, resentment and disconnectedness. It investig-ates the meaning of takhbib and proceeds to show its position in Islamic fiqh, proofs for this position, raison d'etre, the elements of takhbib as crime, its commonest forms and its penalties in fiqh and in Saudi law as well as juristic consequences of fostering of marital discontentment.Important findings of the study include: takhbib is prohibited in Islam by the juristic proofs that establish this prohibition and cause its perpetrator to bear great guilt and penalty. The most important forms of takhbib are talebearing and deception, which destroy marriage and split families. All three elements of crime are found in takhbib. Its perpetrator bears criminal liability and is therefore penalizable. Penalty for destabilization of marriage in Saudi law is discretionary (ta'ziri), The study.

Keywords


takhbib ; Islamic Fiqh ; Individuals ; Family; society

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