Validity of Divorce Advocacy to the Wife in the way Imams (AS) cite the Qur'an in jurisprudential hadiths and its application to the marriage document

Subject Areas :

Ali Tahami Khalilabad ¹ , Hossein Saberi ² , reza haghpanah ³

1 - Ph.D. student of the Department of Fiqh and Fundamentals of Islamic Law, Torbat Heydarieh Branch, Islamic Azad University, Torbat Heydarieh, Iran. [e-mail].
2 - Visiting Professor of Islamic Jurisprudence and Fundamentals of Islamic Law Educational Department, Torbat Heydarieh Branch, Islamic Azad University, Torbat Heydarieh, Iran (corresponding author). [e-mail]
3 - Visiting Assistant Professor at the Islamic Jurisprudence and Fundamentals of Islamic Law Educational Department, Torbat Heydarieh Branch, Islamic Azad University, Torbat Heydarieh, Iran. [e-mail]

Received: 2023-03-27 Accepted : 2023-07-29 Published : 2023-09-22

Keywords: how to cite, jurisprudential hadiths, Advocacy in divorce, marriage certificate,

Abstract :

One of the methods of the infallible imams, peace be upon them, in using Quranic concepts, was to cite narrations, among these narrations, there are narrations in the form of quoting the Quran as a proof to prove the jurisprudence. In the current research, citation and argumentative narratives on the subject of divorce and divorce representation were collected and analyzed by a descriptive analytical method and in the analysis of information in an inductive way, in ways similar to the way the imams (PBUH) cite the Qur'an, such as Invoking the concept, context, generalization and specification, application and limitation, we achieved  the result of this method, in addition to expressing the Shari'i ruling and modeling it, will lead to a dynamic jurisprudence in accordance with the Qur'an; And the possibility of giving divorce or power of attorney to the wife and the conditions of marriage in the marriage certificate can be reconciled with these narrations in terms of its authenticity; These mentioned conditions are the duty of the husband to the wife in divorce, not its delegation, because divorce is a decree and cannot be transferred and handed over to someone else, and the achievement of this is to mention an example of Imams citing the Qur'an in this regard