The Jurisprudential Adaptation of Sham Divorce in the European Context

Abstract

This study addresses the phenomenon of "sham divorce," which is widespread among Muslims residing in European countries and has raised numerous jurisprudential questions. The research seeks to define the concept of sham divorce and its synonyms, review its various causes in this context, and evaluate the opinions of contemporary jurists on its legal ruling. In the light of the findings, the study aims to provide a clear legal perspective on the issue, contributing to guiding Muslims residing in Europe and offering them legal advice in this regard.

The research particularly focuses on examining the ruling on divorces issued by non-Muslim judges in European courts. The study is structured into four sections. The first section defines the concept of sham divorce. The second section examines its causes and the various forms within the European context. The third section presents the opinions of contemporary jurists on the ruling regarding sham divorce in this context. Finally, the fourth section outlines the researcher's chosen perspective on the subject of sham divorce in the European context.

The research adopts an analytical and comparative approach, adhering to the methodologies commonly employed in comparative studies.