Document Type : Original Article

Authors

• zeinab joneidi moghaddam ¹
• mahdi rahbar ²
• hamed rostami najafabadi ³

¹ PhD student at the University of Islamic Religions

² daneshyar

³ Assistant Professor of Fiqh and Imamiyyah Law, Faculty of Fiqh and Islamic Law, International University of Islamic Religions, Tehran, Iran

Abstract

The marriage of a muslim man and a woman who are bonded to different jurisprudential religions causes some disagreements in courts especially regarding personal problems. Triple divorce in one session is one of these issues which is a revocable divorce in Imamiye and is irrevocable divorce based on the ideas of the most jurists of Sunnah. Based on the survey of this researcher in some border provinces due to the widespread use of triple divorce in one session and the silence of the rule in this issue the difference effects of revocable and irrevocable divorce and the fact that the divorce is a monolateral right but it affects on both sides, this topic has been selected for the study. We will answer the questions that in performing the triple divorce which side's opinion will be respected and on which basis it must be performed? Although from the viewpoints of shiites one divorce and based on some fatwas no divorce has been performed but based on Sunni religion three divorces has been performed. This research which has been done using descriptive_analytical method and some library and related software sources tries to find a solution for this religious difference between the Islamic religions the findings reveal that based on obligation rule the place of truth and subordination rule and also in some subsidiaries even the ihtiyat-fi-lfuruj rule in some conditions the problem can be answered.

Keywords

• Religious Difference
• Triple Divorce
• One session
• Divorce Right
• Obligation Rule