the Fixed And Changing Provisions Of The Marital Bond And Its Applications A Study According To Islamic Jurisprudence Algerian Legislation And Jurisprudence

Abstract

This research deals with one of the topics around which a big controversy arose between researchers. i.e.the topic of constant and variable provisions and the concept of each of them; the control in changing provisions so that the change may not be a means to escape from the religious provisions, but rather a means for the flexibility of the Sharia and its keeping pace with changes and developments because the provisions of Sharia are not rigid templates, but wholes under which the endless partials of provisions fall. The importance of this topic lies in its applications to the marital bond through Algerian legislation and judicial jurisprudence, in order to recognize, through some applications, the issues that may change in their provisions from one legislation to another, such as the issue of khula, and issues that cannot change as that of polygamy. The research concluded that: The guideline in the constant and the variable is the consideration of interests; Interests are fixed and variable, and with the change of interests, the provisions change; that the provisions of Sharia are based on the balance between the constant and the variable; the fixed represents the origins and the variable represents the branches and that changing the provisions does not mean adapting them to the whims of people, but changing them due to the change of the provision’s requirements such as a change of interest or custom.