Jurisprudence Legal Examination of the Criminal Sanction of the Non-divorce Condition
Subject Areas : Jurisprudence and Criminal Law Doctrines
amin najafian
1
(Assistant Professor, Department of Jurisprudence and Law, Shahid Mahalati University of Islamic Sciences, Qom, Iran.)
mostafa ghafourian nejad
2
(Assistant Professor of Jurisprudence and Principles of Islamic Law Department, Hakim Tous Institute of Higher Education, Mashhad, Iran)
Keywords: limitation of the right to divorce, condition of non-divorce, criminal sanction, violation of the condition of non-divorce,
Abstract :
Receive Date: 2023/04/11 Revise Date: 2023/06/12 Accept Date: 2023/07/05 According to the verses and traditions, the right to divorce is in the disposal of the man that sometimes some men abuse of this right. In order to prevent abuse of the right to divorce, it is possible to limit the right of a man to divorce contractually under the marriage conclusion and as a stipulation. There is no doubt about the legitimacy of the contractual limitation of the right to divorce a husband as a condition of the verb. This means that the husband undertakes not to divorce his wife, except in special cases such as disobedience or inability due to special marital issues. The condition of non-divorce while the marriage conclusion is the legal omission, because divorce is a legal act and the condition of abandon is the legal omission; therefore as a civil and criminal approach, could has criminal sanction. Apart from civil sanctions; such as spiritual compensation, nullity and non-influence act and 0peration of the violator of the condition of non-divorce, the criminal sanction; such as financial penalty, non-registration of divorce, etc can also be considered. The current research will examine the criminal sanction of the condition of non-divorce.
قرآن کریم، (ترجمه ناصر مکارم شیرازی)
25. نجفى، محمد حسن، (1404ق)، جواهر الکلام فی شرح شرائع الإسلام، بیروت، دار إحیاء التراث العربی.
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