English abstract
The aim of this study is to critically engage with articles 98 to 116 of the Omani Personal Status Law No. (32/1997) from a comparative figh perspective. This comparative critical figh study sheds light on the respective chapter on divorce by court decision. The researcher relates the articles of the law back to Islamic jurisprudence in its eight legal schools (the Ibādī, Māliki, Hanafi, Shāfici, Hanbali, Zāhirī, Ja'fari and Zaidi schools). He explains the legal evidences the Muslim jurists relied on and compares the legal texts to the views of the Muslim jurists. He discusses every article with an explanation of its source and importance, as well as comparing it to Personal Status Laws in some Arabic states. This is done with comment on what was implemented juristically in the Higher Court, so as to present a holistic critical vision of the articles under discussion which will contribute in the revision of the law and the enhancement of their formulation so as to conform with the practical and applied reality of the law. The study incorporates three chapters: The first chapter treats divorce due to mistakes and the lack of payment of the immediate dowry; The second chapter treats divorce due to harm and discord and their effects on divorce; and chapter three deals with divorce due to the lack of maintenance, due to absence and report to be missed, as well as due to repudiation (zihār) and oath (ilā'). The most important findings of the thesis are that the origin of this law is the Muscat document on the "Unified Personal Status Laws of the Cooperation Council of the Arabic Gulf States." The legislator has made use of the teachings of different Islamic schools in the chapter of divorce by court decision. In addition, the teachings the legislator has endorsed rely on strong evidences from the Holy Qur'an, the Sunnah of the Prophet (peace be upon him), Consensus and Analogy. The researcher remarks that some of the articles contradict due to the lack of accuracy in their formulation, particularly with regard to the case of the absent and missing person, divorce due to the lack of maintenance. It needs also be stated that some of the articles on divorce by court decision are in dire need of revision so as to be in accordance with the reality of implementation in the courts.
