the role of la zarar rule in divorce
sahar karimniya
1
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maryam kariminuya
2
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دانشگاه پیام نور
)
Keywords: Keywords: divorce, rule, nolosses, binding, ruler.,
Abstract :
The study of Islamic jurisprudence show that when a husband is refusing to perform his duties and thereby to impair the rights of wife or expedient of society, invoke the ‘la zarar’ (this word means no losses) rule they can be limited option of husband in divorce, but it does not seem this rule doesnot provide a solution for binding husband to divorce therefore, this rule paves a part of the way for ruler of divorce, and other arguments are needed for binding husband, if the rule of “Alhakem valie Almomtane” does not invoked, ‘la zarar’ rule can not be use as original guidance. According to the rule, “Alhakem Valie Almomtane” the husband is faced with government obligatins & if compulsion of ruler can not force her to obey the law, turn to direct action of divorce ruler to solve the problem, and the acte to divorce the wife.