الحقوق الزوجية في ضوء التشريعات المطبقة بالمحافظات الجنوبية الفلسطينية ودورها في التنمية الاجتماعية
إياد خليل علي أبوهربيد
Eyad Khalil Ali Abu harbeed
This study was applied from the beginning of September 2019 until the end of November 2020 and it was limited to the Palestinian southern governorates (governorates of Gaza Strip). The human limit was represented in the Sharia judges, counseling and family reform employees in Sharia courts, legal lawyers, and representatives of human rights and social institutions working in the study field. The justifications for the study were the increase in discord and conflict between spouses, the increase in divorce cases in society, ignorance of marital rights and duties, and the need to educate the Palestinian family about these rights and the extent of their impact on children, preserving family cohesion, building society from disintegration and dissolution. This study mainly aimed to identify marital rights - with its dimensions represented in the rights of the husband over the wife, the rights of the wife over the husband, the rights shared between spouses - in light of the legislation applied in the southern Palestinian governorates and their role in social development, The researcher used the descriptive analytical approach and questionnaires as a main tool in collecting primary data, as the study population was represented in several categories. They are the Sharia judges, whose number is (30) judges, the counseling and family reform staff in the Sharia courts, which are (11) employees and employees, and the Sharia lawyers, whose number is (770), male and female lawyers, and representatives of human rights and social institutions working in the study field, as the researcher followed The comprehensive enumeration method of the entire number of legal judges, counseling and family reform personnel, because their number is limited and can be counted. He also selected a random sample of legal lawyers, numbering (130) male and female lawyers, and د the questionnaires were distributed and the number of retrieved questionnaires was (138) questionnaires with a recovery rate of 81%. The study revealed a number of results, the most important were: the existence of a degree of agreement on knowledge of marital rights in general in the southern governorates, the presence of a degree of strongly agreement on the axis of social development in the southern governorates among the respondents, and there is a statistically significant relationship at the level of significance (a = 0.05) between marital rights in the southern governorates in the Light of the legislations applied in the southern Palestinian governorates and between social development, The results of the study also showed that there is a significant statistically significant effect at the level of (0.05a) for marital rights in light of the legislations applied in the southern Palestinian governorates on social development. The study concluded with a set of recommendations, the most important were: the necessity to set specific standards and controls and build applicable strategies to follow up the implementation of marital rights and their preservation, and to regulate the relationship between spouses, and to implement programs to qualify those who are about to get married and compulsory as a step to protect the family and society, provided that these programs are under the supervision of specialists, whether the judiciary and his assistants and agencies And the issuance of binding legislation or the amendment of the applicable legislation that recognizes and clarifies the marital rights that are mentioned in Islamic law, especially the common rights between the spouses, for their inclusion and follow-up on their implementation, in addition to the necessity approval of courses in various stages of education specialized in the field of marital rights and the organization of family relations according to a strategic plan and well-studied programs considering that education It is the basis of the development process.