The cases of divorce by the ruler in jurisprudence and civil law

Jamaleddin Zanjani, Mahmood; Sharifi, Mostafa

doi:10.30497/fiqh.2016.2022

The cases of divorce by the ruler in jurisprudence and civil law

Document Type : Original Article

Authors

Mahmood Jamaleddin Zanjani ¹

Mostafa Sharifi ²

¹ Associated Professor of the Department of Fiqh and Islamic Law Foundations at Imam Sadiq(a.s) University

² PHD Student Of Fiqh and Islamic Law Foundation at Ferdowsi University

10.30497/fiqh.2016.2022

Abstract

Although on the basis of the Islamic law and Iran's rights, divorce from man’s authority is in the marital life of a divorce to the will of the man, the right to divorce will be the right of the judge, and the court will issue a divorce sentence in order to fulfill the justice of justice. We believe that this decree is acceptable to all cases of man. The attribute of this theory is that in case of the husband of the husband, although the woman does not fall into the air, the court can divorce him and it is not a suspended hardness, but is the signified of the original titles rather than the secondary title of the evening and hardness. Thus, according to the foundations of jurisprudence, and 2 months old and the history of the religious scholars, he does not appear to be justified in the interpretation of this theory, which is an effective step to promote women’s rights and to recognize them. It has a history of jurisprudence , and it has been found in the form of a 1130 article of civil law after the amendment of the Year 61 and finally in the year 70, which we investigate in terms of jurisprudence and jurisprudence

Keywords

Causes of divorce

Divorce judge

Refusal

Hardship