Ruling on khul’ in the Islamic Jurisprudence and Law: A Comparative Jurisprudential Study of the Yemeni and the Sudanese Personal Legal Status

Abstract

The purpose of the Research is to explain the rulings on khul’’ in Islamic jurisprudence and Yemeni and Sudanese law. In order to achieve the objectives of the Research the comparative inductive descriptive method was used. The Research dealt with the concept of khul’’ in Islamic jurisprudence and Yemeni and Sudanese Personal Legal Status, the statement of the words by the four Imams, its legitimacy, its mandate, its pillar, its condition, its ruling (either divorce or cancellation) the sayings and evidence of the jurists in it, and finally the judge’s authority to effect the khul’ was addressed. The search reached several results, the most important are: there is a difference between the Yemeni and the Sudanese laws in the definition of Khul’ The researcher reached several recommendations, the most important are: The necessity of paying attention to the study of the rulings of Islamic jurisprudence, a legal jurisprudence study, comparing it with the laws, clarifying what contradicts Islamic law, and calling for its amendment in accordance with our Islamic religion, and that Islamic Sharia be the only source of all legislation.