POTREBA ZA FETVOM IZ-E BIH O SVJEDOČENJU ZA RAZVOD BRAKA I POVRAT ŽENE
THE NEED FOR A FATWA FROM THE B&H ISLAMIC COMMUNITY ON TESTIFYING IN DIVORCE AND THE WIFE RETURNING

Summary/Abstract: It is well known that marital, family law and divorce have their own legal sharia regulations which have been processed by lawyers from a legal, fiqh aspect. Divorce becomes enforceable with pronouncing and terms of divorce after the post-marriage waiting is over. The ulema share the opinion that divorce is accepted in a situation when the spouse (legal addressee) says the terms / expressions of an irrevocable divorce, even if he did not intend to divorce, according to the hadith: There are three things which, whether undertaken seriously or in jest, are treated as serious: marriage, divorce and taking back a wife (after a divorce which is not final). The ulema of the Islamic ummah agree that the basis of divorce is the linguistic pronunciation of terms / expressions that mean divorce, which can be expressed in writing, as well as in sign language and isharet. In this sense, there are Qur'anic-Hadith texts and norms which speak of divorce. Divorce is a linguistic, verbal procedure by a husband who gives a divorce by his autonomy of will. It is his discretion, not a contract in which two wills or a woman's permission should coincide. At this time, when there is general viciousness and immorality, people should be obliged to register and record important but also less important contracts in order to prevent the taking, appropriation or lossing of rights that are not recorded and written down in order to stop altercation and intolerance due to property and other misunderstandings. In this sense, witnessing and registration of marriage, as well as separation and divorce, have become a necessity in the Islamic Community of Bosnia and Herzegovina with the well-known fact that it is an usual practice in conventional law, as well as in some modern, Muslim countries.

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