The purpose of the present study is jurisprudential and juridical analysis of solemn malediction and its role in facilitating the divorce process of couples. The method of study is descriptive-analytic and the results showed that with respect to jurisprudence and expedi More
The purpose of the present study is jurisprudential and juridical analysis of solemn malediction and its role in facilitating the divorce process of couples. The method of study is descriptive-analytic and the results showed that with respect to jurisprudence and expediency of maintaining the couples' life, it deems appropriate to execute solemn malediction, if its executive conditions and principles exist. Couples in some cases reach a dangerous stage where they cannot bear each other due to intense hatred, so the holy legislator wants to cut the relationship between them completely and permanently as soon as possible. It also prevents the couples to execute arbitrary punishment by themselves because in such circumstances lengthening the process of divorce is so risky. Therefore, it is suggested that the legislators by completing juridical deficiencies of the institution of solemn malediction and also executers by raising awareness in terms of this divine rule and consequences of false accusation of adultery to women, make use of the wisdoms in this institution to prevent family crimes and decrease social harms.
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