List of Articles joint dwelling

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  1 - Examining the legal status of the condition for determining housing for a woman in a permanent marriage
  Amir Hossein Eivazkhani Seyyed Mahdi Mirdadashi
  The right of a wife to be provided a dwelling by the husband is agreed upon by all Islamic jurists and there is no dispute about this matter. All Islamic jurists are unanimous that it is a husband’ s duty to provide a dwelling, either owned, borrowed or leased, fo More

  The right of a wife to be provided a dwelling by the husband is agreed upon by all Islamic jurists and there is no dispute about this matter. All Islamic jurists are unanimous that it is a husband’ s duty to provide a dwelling, either owned, borrowed or leased, for a wife as is appropriate for her. Articles 1106 and 1107 of the Civil Code assert that providing a dwelling is part of the cost of maintenance, to be borne by the husband; however, at times this can be contradicted by stipulating otherwise and the wife can take the power of determining the joint dwelling from the husband as per a condition as an integral part of the marriage contract. Some questions arise in this situation: 1) What legal sanctions are available for the condition to determine the dwelling? 2)What are the advantages and disadvantages of this conditions for safeguarding family foundations? The results of this study show that the dwelling determination condition is sometimes deemed as a void condition and sometimes a valid condition, but the marriage contract and the dowry are valid. Manuscript profile