M.A. Thesis:

An agreement on divorce in a private or public realm

One of the issues that is being discussed today in family relationships is the strength of families. At the same time, there is the issue of divorce as a reality in human societies. Among different ways of divorce, divorce is less agreed upon. Although divorce is a new term in the customary law and is not recognized in past jurisprudential terms, divorce, despite the differences that may exist, may be regarded as an admission of divorce in a Shariah agreement, but at the same time what as An agreed divorce is known in our laws, and there are major differences with divorce and disengagement. The main question of the present thesis is whether the divorce is by mutual consent of the couple concerned with private matters, a field that is relevant to the personal and private life of individuals and places them in a situation in which they live in accordance with the rules, rules, legal regulations, Social pressures and norms are not definite and predetermined, and they have the freedom of individual thought and initiative, or that the realm of sovereignty is limited to the will of the outside and is related to the public sphere, the field in which the individual is subordinated Norms, rules and regulations are predetermined and binding to maintain social order and public interest? In response, the marriage is a special legal foundation based on the emotional and sexual relationship between men and women. Persons in the choice of a spouse have complete freedom, and the principle of marriage, like all other private contracts, depends on the intention of the parties, but the effects of this contract are determined by law and do not leave room for the rule of their will. With such an approach, the dissolution of the family, such as the termination of a private contract or its annulment, is not taken into consideration, and the husband and wife are not considered as divorce permits. The approach allows the divorce, even in the event of a marriage agreement, to be removed from the realm of private will and enters into the general government of the state

Keywords: Divorce, divorce agreement, private sphere, general realm.