The Fostering of Marital Discontentment (Takhbib) and its Consequences in Islamic Fiqh and Saudi Law

Abstract

This study seeks to define takhbib (fostering of marital discontentment) and its consequences in Islamic fiqh and Saudi law, to show the threats takhbib poses to individuals, communities, social security and social and familial stability. The study also exposes takhbib's spreading of alienation, grudges, resentment and disconnectedness. It investigates the meaning of takhbib and proceeds to show its position in Islamic fiqh, evidence for this position, the elements of takhbib as crime, its commonest forms and its penalties in fiqh and in Saudi law as well as juristic consequences of fostering of marital discontentment. The study used the inductive analytical and comparative method, where it referred to authentic sources in Islamic jurisprudence, and various scientific and research references. The opinions on the issues were presented according to Fiqh, referring each argument to the person who said it. The study arrived to the following conclusions. First, takhbib is prohibited in Islam by the juristic evidencee that establishes this prohibition and cause its perpetrator to bear great guilt and penalty. The most important forms of takhbib are talebearing and deception, which destroy marriage and split families. All three elements of crime are found in takhbib. Its perpetrator bears criminal liability and is therefore penalizable. Penalty for destabilization of marriage in Saudi law is discretionary (ta'ziri).