The impact of Arbitrarinesson the use of marital rights in light of the provisions of Islamic sharia and law.

Abstract

Arbitrariness in the use of marital rights is a widespread and common social phenomenon among all groups in society, because it is a phenomenon that is felt and realized by everyone in this world, where everyone hears this news and it is circulated between houses and many members of society feel injustice because of this family arbitrariness, and the owners of associations, institutions, individuals and courts are also circulated;which searches for ways to reduce this arbitrariness or to solve the problems and effects that result from the arbitrariness of rights by spouses, especially in ignorant societies or societies where the proportions of the cultured and educated are low. The institutions and individuals of Sharia (The Divine law) play a major role in limiting this arbitrariness through what they have of the strong argument and legal evidence sourced from the Holy Qur’an and the Sunnah of the Prophet (Allah's blessing and peace be upon him), and the courts and lawyers also play an important role in limiting this arbitrariness, and making the law strict in some cases to limit this arbitrariness. The family is the cell of society and is considered one of the most influential systems in the individual and the formation of his personality, starting from the socialization and the extension of permanent relationships and interactions between its members, which are mostly face-to-face. Perhaps one of the most important features of the family system is that it contains forms of human interaction such as power, influence, and primary relationships between its members, and that any defect that affects one of its sub-systems extends to the rest of the other systems. The family, like any social system in society, is affected by the social and economic changes that have taken place in societies around the world. Its structure has changed and its functions have shrunk, and family problems did not exist before, among them the problems of mismatch of passion, jealousy, cheating, cultural dissonance and tendencies between spouses, which resulted in prevalence of family arbitrariness.