Comparative Examination of the Application of the Condition of Non-divorce from an aspect of Imami Jurists and Sunnis and Opposing that from an aspect of Criminal Law
Subject Areas : Jurisprudence and Criminal Law Doctrines
amin najafian
1
(of Jurisprudence and Law, Shahid Mahalati Higher Education Complex, Qom
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hadi khoshnoodi
2
(عضو هیات علمی دانشگاه)
Keywords: divorce, limitation of divorce, the condition of no divorce, Contractual limitation of divorce,
Abstract :
Receive Date: 2022/11/20 Revise Date: 2022/12/20 Accept Date: 2023/04/16 One of the most important dilemmas and challenges following family in recent years is divorce. Examination of statistics and numbers from competent authorities such as register office site, narrates the increasing process of this dilemma. Each agreement about one canonical or legal rule, practically take place in the form of ‘condition’. Limitation of divorce right as conventional could be noted as one of the reduction methods of divorce degree. In this research by use of library sources and descriptive analytical method, engaged in comparative examination of the divorce limitation from aspect of Imami jurists and Sunnis and finds the following conclusions that first: the condemnation of divorce and attempt in finding the methods of its limitation was always as Imami jurists and Sunnis challenges. Second: some of Imami jurists and Sunnis absolutely and some others descriptively accepted the non-divorce condition and don’t know the offender as guilty and the occurred divorce operative.
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