PRINCIPLE OF LEGITIMACY OF NON-DIVORCE CONDITION IN MARRIAGE CONTRACT

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NAJAFIAN AMIN; HEDAYATNIA FARAJOLLAH

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Journal Paper

Paper Information

Journal: JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES Year:2017 | Volume:13 | Issue:49 Page(s): 139-160

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Title

PRINCIPLE OF LEGITIMACY OF NON-DIVORCE CONDITION IN MARRIAGE CONTRACT

Author(s)

NAJAFIAN AMIN | HEDAYATNIA FARAJOLLAH | Issue Writer Certificate

Keywords

NON-DIVORCE CONDITIONQ1

DIVORCE RIGHTQ1

LEAVEQ1

TERMS OF CONTRACTQ1

Abstract

According to Quranic verses and traditions, men retain the right to divorce their wives. Abusing this right by men has increased the number of broken up couples. To refrain men from abusing this right, one can limit this right by convening conditions under marriage contract. Contractual limitation of husband’s DIVORCE RIGHT is possible through making it conditional to a specific outcome or a specific action however the first one is in sharp contrast with divine law while later is a viable option, in a way that husband undertakes to not to use his DIVORCE RIGHT save those cases in which wife has disobedience or disable in some aspects of conjugal life. This is not only legitimate in the view of divine law but also strengthens the foundations of the families.

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APA: Copy

NAJAFIAN, AMIN, & HEDAYATNIA, FARAJOLLAH. (2017). PRINCIPLE OF LEGITIMACY OF NON-DIVORCE CONDITION IN MARRIAGE CONTRACT. JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES, 13(49), 139-160. SID. https://sid.ir/paper/134447/en

Vancouver: Copy

NAJAFIAN AMIN, HEDAYATNIA FARAJOLLAH. PRINCIPLE OF LEGITIMACY OF NON-DIVORCE CONDITION IN MARRIAGE CONTRACT. JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES[Internet]. 2017;13(49):139-160. Available from: https://sid.ir/paper/134447/en

IEEE: Copy

AMIN NAJAFIAN, and FARAJOLLAH HEDAYATNIA, “PRINCIPLE OF LEGITIMACY OF NON-DIVORCE CONDITION IN MARRIAGE CONTRACT,” JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES, vol. 13, no. 49, pp. 139–160, 2017, [Online]. Available: https://sid.ir/paper/134447/en

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