The aim of this study was to identify the effect of time and place on the allocation of divorce rights by descriptive-analytical method. The issue of equality between men and women in the right to dissolve marriage, as well as its conclusion in terms of Islamic jurispru More
The aim of this study was to identify the effect of time and place on the allocation of divorce rights by descriptive-analytical method. The issue of equality between men and women in the right to dissolve marriage, as well as its conclusion in terms of Islamic jurisprudence and law, has long been raised among Muslim thinkers; But the objections and protests have never been as high as they are now, the emergence of civil movements and human rights activists and the increasing awareness of women about their rights have caused these issues to be raised more seriously and jurists and legislators of Islamic countries look at the issue from new horizons. The findings show: The study of the role of custom in allocating the right to divorce is one of the important issues in the field of jurisprudence dynamics and without a doubt the role of custom of time and place is one of the important issues in this regard. Assigning the right to divorce to a man is one of the matters that is not explicitly mentioned in the Qur'an and does not deprive the wife of this right. A historical study of the status of women in the time of ignorance and the view that the Arabs had of women and the types of divorces in that day, by examining different temporal and spatial customs, customs and religious imitations, is ordered to divorce the wife
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Family plays an important role in jurisprudence and social laws and the Islamic lawyer has determined the parties’ freedom because of the dependence of the society’s living to the families’. Jurisprudents and lawyers definitely know the divor More
Family plays an important role in jurisprudence and social laws and the Islamic lawyer has determined the parties’ freedom because of the dependence of the society’s living to the families’. Jurisprudents and lawyers definitely know the divorce right as the right for men and leave some exceptions for women. The present article studies the different points of view of jurisprudents on the right of divorce in the cases that this right is given to women such as power of attorney to other than wife, when both wife and husband desire to divorce (Osro Haraj).
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Power structure in the most Iranian families has evolved from authoritarian (patriarchal) to semi-democratic. This transformation has affected all aspects of the family, especially its legal dimension, in terms of the rights of members. One of the most important rights More
Power structure in the most Iranian families has evolved from authoritarian (patriarchal) to semi-democratic. This transformation has affected all aspects of the family, especially its legal dimension, in terms of the rights of members. One of the most important rights under influence of evolution is husband's rights. Therefore, in this research, we tried to examine the effect of the transformation on husband's rights, and we concluded that since the requirements of time and place necessitate the necessity of adapting laws with developments, therefore the legislator appropriate to the evolution of the power structure in the family has introduced new laws or amended former laws regarding the right of presidency, the right of divorce and the right of polygamy. However, there are still some affairs related to these rights that have changed, but have not attracted the attention by the legislator and, as a result, have created legal gaps; therefore, changes to previous laws or the establishment of new laws are recommended by using the legal capacity of them.
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According to Quranic verses and traditions, men retain the right to divorce their wives. Abusing this right by men has increased the number of broken up couples. To refrain men from abusing this right, one can limit this right by convening conditions under marriage cont More
According to Quranic verses and traditions, men retain the right to divorce their wives. Abusing this right by men has increased the number of broken up couples. To refrain men from abusing this right, one can limit this right by convening conditions under marriage contract. Contractual limitation of husband’s divorce right is possible through making it conditional to a specific outcome or a specific action however the first one is in sharp contrast with divine law while later is a viable option, in a way that husband undertakes to not to use his divorce right save those cases in which wife has disobedience or disable in some aspects of conjugal life. This is not only legitimate in the view of divine law but also strengthens the foundations of the families.
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Receive Date: 2023/04/11 Revise Date: 2023/06/12   More
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.
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