Exchanging Wives and its Impact on Family Relationship - Comparative study -

الملخص

Abstract: The act of exchanging wives and the issue of its appearance in a religious and conservative society raised a major question. Although it is one of the emerging issues, it was common in ancient primitive times because of the circumstances that surrounded them, so men dealt with their wives as properties to be exchanged with others. In the current era, it has turned into a mere sexual orientation for one or both spouses, and the ancient jurists did not address the issue of exchanging wives because they were not familiar with that behavioral deviation; however, that does not mean that Islamic jurisprudence is incapable of confronting it, as the Islamic religion is valid for every time and place. This matter wasn’t sufficiently dealt with by modern legal registration due to its modernity, which led to a difference in its adaptation by the jurists of the law, so that the judge finds himself facing a deviant situation and a violation of the Sharia and sound human values, so his job prompts him to adapt it to a legal text close to it in order for the perpetrators not to escape punishment, except that this adaptation did not match the incident in a manner that conforms to it, so that his ruling would be subject to cassation by the higher court if it deems that the act committed does not apply to the adapted text. Therefore, the legislator must introduce new laws to address such innovative acts that have shown their challenges before the law, and to require the presence of a clear and explicit text. It is direct to criminalize such an act, and for this text to show the impact of this act on the fate and permanence of the marriage contract and its impact on the custody of the children whose parents committed this act. The trial judge cannot apply the traditional rules regarding such crimes because they are related to the legal adaptation that was developed and applied to them according to special criteria.