القضايا الفقهية المعاصرة المتعلقة بالأحوال الشخصية في لصومال

This research addresses a contemporary issue related to personal status matters in Somalia from a jurisprudential perspective, with a focus on analyzing the prevailing legal systems in the country in comparison to Islamic Sharia. The study also highlights the social and historical context in Somalia, reviewing the impact of colonial wars and their aftermath on marital life and family relations. The research covers several key themes, including: A comparison between the rulings on marriage and divorce in Somali law and the law of the Puntland State, and the extent to which these rulings align with Islamic Sharia. A study of marriage and its preliminaries in Somalia, with particular attention to the spread of invalid marriages and preventive measures based on the views of Somali scholars. The consequences of tribalism on marital life and the rising divorce rates, analyzing this phenomenon through fatwas and scholarly opinions. The research aims to present a vision emphasizing the importance of returning to Islamic Sharia in addressing contemporary personal status issues, asserting that effective solutions lie in its application within society. This thesis seeks to highlight the impact of the republican system on legislation derived from colonial rule and emphasizes that returning to Islamic Sharia in the formulation of laws and rulings is the most suitable option. Islam is a comprehensive religion, valid for all times and places, and capable of addressing all contemporary issues. The study focuses on exploring the role of Somali customary law known as "Xeer" in Somali society, in terms of its scope of application and the level of influence it holds among community members. The study also examines the extent to which the rulings of "Xeer" conform with Islamic Sharia, particularly in matters related to personal status, while analyzing the aspects in which some of its applications may conflict with Sharia principles.