The Criterion for Realizing the Wife's Hatred of Her Husband in Khul Divorce

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Fotouhi Abdollah; KEIKHA MOHAMMAD REZA; Mokhtari afrakoti Nader

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Journal: Islamic Journal of Women and the Family Year:2022 | Volume: | Issue: Page(s): 97-111

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Information Journal Paper

Title

The Criterion for Realizing the Wife's Hatred of Her Husband in Khul Divorce

Author(s)

Fotouhi Abdollah | KEIKHA MOHAMMAD REZA | Mokhtari afrakoti Nader | Issue Writer Certificate

Keywords

Khul divorce

the wife's hatred of her husband

Article 1146 of Civil Code

criterion for realizing the hatred

Abstract

In Khul divorce, which is a legal solution for terminating marriage, the wife due to her hatred of her husband gets free from the bond of marriage for the money she gives to him. According to the well-known jurists in Article 1146 of Civil Code, the legislator considers the absolute of the hatred as the key point of Khul divorce. The purpose of the explanation of this Article is to discover the criterion for realizing the hatred. If the wife just says something indicating her hatred of her husband in the hearing, is it enough? This analytical-documentary research aimed to discover the three groups of jurists who believe in the validity of absolute expression of hatred, the expression of verbal hatred, and the expression of inner hatred. The results demonstrated that the narratives, to which were referred by the believers in the verbal hatred, only show the legitimacy of Khul divorce and there is no proof for the claim, and in lots of cases, the wife due to some reasons uses disgusting words that are against her inner desire, and if she can get divorced only by expressing such words, it will have bad consequences. Therefore, it is better to say that the meaning of hatred from the legislator's perspective is the inner hatred with the mentioned criteria, and it can be identified by exploring couples' relationships.

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APA: Copy

Fotouhi, Abdollah, KEIKHA, MOHAMMAD REZA, & Mokhtari afrakoti, Nader. (2023). The Criterion for Realizing the Wife's Hatred of Her Husband in Khul Divorce. THE ISLAMIC JOURNAL OF WOMEN AND THE FAMILY, 10(29 ), 97-111. SID. https://sid.ir/paper/1053404/en

Vancouver: Copy

Fotouhi Abdollah, KEIKHA MOHAMMAD REZA, Mokhtari afrakoti Nader. The Criterion for Realizing the Wife's Hatred of Her Husband in Khul Divorce. THE ISLAMIC JOURNAL OF WOMEN AND THE FAMILY[Internet]. 2023;10(29 ):97-111. Available from: https://sid.ir/paper/1053404/en

IEEE: Copy

Abdollah Fotouhi, MOHAMMAD REZA KEIKHA, and Nader Mokhtari afrakoti, “The Criterion for Realizing the Wife's Hatred of Her Husband in Khul Divorce,” THE ISLAMIC JOURNAL OF WOMEN AND THE FAMILY, vol. 10, no. 29 , pp. 97–111, 2023, [Online]. Available: https://sid.ir/paper/1053404/en

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