Investigating the right or the verdict of option in reversion of the husband in revocable divorce in Jurisprudence and Iranian law point of view

Q: How can I download an article?

To download an article from SID, first log in to the site, search for the article title, and click on the 'Download Article' option.

Q: How can I download an ISI article?

To download an ISI article on SID, enter the keyword or article title in the search bar, view the relevant results, click on the desired article, and select the 'Download Article' option.

Q: How can I access the SID database?

To access the SID database, visit SID.ir, create an account, and log in to access scientific resources.

Q: Is downloading articles from SID free?

Some articles on SID are available for free, while others require payment. Details are specified on the article's page.

RAHIMI M.; SOLEIMANI S.

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Journal Paper

Paper Information

Journal: JOURNAL OF JURISPRUDENCE AND ISLAMIC LAW Year:2019 | Volume:9 | Issue:17 Page(s): 57-79

Download Full-Text

Persian Verion

View:

1,590

Download:

Cites:

Information Journal Paper

Title

Investigating the right or the verdict of option in reversion of the husband in revocable divorce in Jurisprudence and Iranian law point of view

Author(s)

RAHIMI M. | SOLEIMANI S. | Issue Writer Certificate

Keywords

rightQ2

verdictQ2

reversionQ1

peaceQ2

scrappingQ2

Abstract

The right and/or the verdict of option for the husband toward his spouse in revocable divorce is identified in article 1148 of the Civil law and legal sources and is the source of dispute. Some jurisdictions know it as “ right” which can be scrapped and reconciled and others define it as verdict that cannot be scrapped. This dispute is originated due the fact that distinction between the right and verdict is difficult while both have been expressed by the legislator. Despite the criticism leveled against some of the diagnostic criteria of the right and verdict such as transmissivity and scrapping and their deficiencies, but investigating the causes of right and verdict is still the best way of diagnosis. Accordingly, the verdict of option in revocable divorce for the husband with abovementioned standards, specially the causes, can be proved via verses and hadiths. The ability of scrapping of the option in revocable divorce for the husband and also the permit of reversion of the husband to the wife despite of scrapping in his option can be extended whether it is a right or verdict. Therefore, proponents of both views contemplate it as a possible decision to scrap it with peace and with the permit of revocation. Consequently, this conflict has no result. Also, although some jurisconsults such as Imam Khomeini has asserted that the option for the husband toward his spouse in revocable divorce is a verdict, in some other cases they have regarded it as a right.

Cites

No record.

References

No record.

Cite

APA: Copy

RAHIMI, M., & SOLEIMANI, S.. (2019). Investigating the right or the verdict of option in reversion of the husband in revocable divorce in Jurisprudence and Iranian law point of view. JOURNAL OF JURISPRUDENCE AND ISLAMIC LAW, 9(17 ), 57-79. SID. https://sid.ir/paper/207116/en

Vancouver: Copy

RAHIMI M., SOLEIMANI S.. Investigating the right or the verdict of option in reversion of the husband in revocable divorce in Jurisprudence and Iranian law point of view. JOURNAL OF JURISPRUDENCE AND ISLAMIC LAW[Internet]. 2019;9(17 ):57-79. Available from: https://sid.ir/paper/207116/en

IEEE: Copy

M. RAHIMI, and S. SOLEIMANI, “Investigating the right or the verdict of option in reversion of the husband in revocable divorce in Jurisprudence and Iranian law point of view,” JOURNAL OF JURISPRUDENCE AND ISLAMIC LAW, vol. 9, no. 17 , pp. 57–79, 2019, [Online]. Available: https://sid.ir/paper/207116/en

Related Journal Papers