Mohammad Hasan Sadeghi Moghadam; Amin Amirhoseini
Abstract
Establishing a family and its continuity is so important in Islam that divorce and dissolution of marriage even by mutual consent of the spouses is the most detestable act in view of the Prophet. As the continuity of the marriage is a basic principle in Islam, Islamic law has provided an opportunity ...
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Establishing a family and its continuity is so important in Islam that divorce and dissolution of marriage even by mutual consent of the spouses is the most detestable act in view of the Prophet. As the continuity of the marriage is a basic principle in Islam, Islamic law has provided an opportunity for the husband to come back to the family and revive this sacred institution by offering the simple mechanism of the waiting period (ʻiddah) in the revocable divorce. Nevertheless, there are certain kinds of divorce, known as irrevocable divorce (ba’in), by which the marital relation is dissolved and the revival of the marriage is possible only by making a new marriage contract. In khola divorce (initiated by the wife, based on her dislike of her husband) and in mubarat divorce (initiated by the wife, based on mutual dislike or aversion of the spouses) the wife obtains divorce by paying a fixed sum (or transferring a property) to her husband and the divorce becomes irrevocable (bauen). In divorce for a consideration there is no dislike from both spouses but the wife by paying an agreed sum (or transferring a property) to her husband or by releasing her husband from his duty to pay her past maintenance or from his duty to pay her dower or from his duty to pay other debts owed his wife, can become divorced. This article examines the legal nature as well as the cultural and social effects of this kind of divorce. Facilitating the separation between the spouses through paying a sum to the husband by the wife without the existence of any dislike between them would increase the number of divorces. For this reason, paying attention to the cultural and social effects of this divorce becomes necessary.
Religious
Mohammad Hasan Sadeghi Moghadam; Amin Amirhosseini
Abstract
One of the things that may cause damage to the family is employment of husband and wife in jobs that negatively affect family structure. The main question raised here is employment of the wife and husband’s authority to maintain restrictions on family rights in Iran. The current article is ...
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One of the things that may cause damage to the family is employment of husband and wife in jobs that negatively affect family structure. The main question raised here is employment of the wife and husband’s authority to maintain restrictions on family rights in Iran. The current article is written using library method. Employment with emphasis on the right of the wife to the initial decision, in cases where the husband is allowed If the wife's occupation or type it on prejudice family, the husband to the wife of a certain type of job or the employment ban This option can be found in the powers of man as a constitutive element of Los Angeles family including spouse employment ban allowed, what is The woman responsible for the welfare of family, parenting and assistance in compliance task disrupts or jeopardizes the prestige and dignity of the family It is important to emphasize that the husband is to prevent possible misuse of the exercise of this right, couples and demand proof opposed the selected job with family interests or dignity of man or woman And judicial, contrary to the duties necessary to prevent the employment of women in professional and family affairs.
Mohammad Hasan Sadeghy Moghaddam; Amin Amirhoseiny
Abstract
One of the duties of the husband in marriage is to pay alimony. In this regard, the Shiite scholars disagree in some areas, for example, in case of high treatment costs, if the cost of treatment is very significant, the scholars do not agree on whether the husband should pay or not. Accordingly, in this ...
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One of the duties of the husband in marriage is to pay alimony. In this regard, the Shiite scholars disagree in some areas, for example, in case of high treatment costs, if the cost of treatment is very significant, the scholars do not agree on whether the husband should pay or not. Accordingly, in this paper, the ideas of jurists and lawyers in this regard seem to be that the man should pay and treatment.