Evaluation of the Nature and Validity or Inaccuracy of Giving the Choice and Possession of the Right to Divorce to the Wife in Jurisprudence of Islamic Denominations

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Mousavi Seyed MohammadSadegh; ROSHAN MOHAMMAD; AMIN FARD MOHAMMAD; Farshi Hamid

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Journal: FIGHE MOQARAN Year:2020 | Volume:7 | Issue:14 Page(s): 105-125

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Title

Evaluation of the Nature and Validity or Inaccuracy of Giving the Choice and Possession of the Right to Divorce to the Wife in Jurisprudence of Islamic Denominations

Author(s)

Mousavi Seyed MohammadSadegh | ROSHAN MOHAMMAD | AMIN FARD MOHAMMAD | Farshi Hamid | Issue Writer Certificate

Keywords

Transmitting the Right to Divorce

Giving the Possession of the Right to Divorce

Divorce

jurisprudence of Islamic Denominations

nature

Abstract

Giving the choice and possession of the right to Divorce to the wife is one of the most controversial issues among Islamic Denominations; there is disagreement in understanding the meaning of this among jurists; it can be said that giving the choice and possession of the right to Divorce in its nature is a mutual and binding legal action in which the right to Divorce can be transmitted to the wife, so that she can Divorce herself at her own free will. The majority of the Sunni jurisprudents have considered that Divorce is correct, but in Imami jurisprudence such a deed is not correct. Accepting the correctness of Divorce/fa?page=1&sort=1&ftyp=all&fgrp=all&fyrs=all" target="_blank">Transmitting the Right to Divorce is not inconsistent with the general rules of agreements and contracts, and does not appear to contravene marriage, even though it is not in consistence with the purpose of marriage, which is to get pleasure from and to transcend generations. In any case, because of the traditions that do not consider this act to be correct, it must have been believed to be inaccurate, and it must be accepted that the wife’ s willingness to split the marriage by paying to the husband in the form of Khul‘ Divorce or Mubarat Divorce can be acceptable. There are various possibilities regarding the nature of Divorce/fa?page=1&sort=1&ftyp=all&fgrp=all&fyrs=all" target="_blank">Transmitting the Right to Divorce, and according to verses 28 and 29 of Surah al-Ahzab, it can be said that Divorce/fa?page=1&sort=1&ftyp=all&fgrp=all&fyrs=all" target="_blank">Transmitting the Right to Divorce is a non-binding commitment to Divorce that the husband can revert from. Divorce/fa?page=1&sort=1&ftyp=all&fgrp=all&fyrs=all" target="_blank">Transmitting the Right to Divorce, as an independent legal entity, is accepted by the majority of Sunnis, although in Imami jurisprudence, although it has a number of supporters, it has not been accepted, and the fairness is that the verses 28 and 29 of the Surah al-Ahzab are specific to the Holy Prophet of Islam and they do not have any signification to the concept of Divorce/fa?page=1&sort=1&ftyp=all&fgrp=all&fyrs=all" target="_blank">Transmitting the Right to Divorce.

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APA: Copy

Mousavi, Seyed MohammadSadegh, ROSHAN, MOHAMMAD, AMIN FARD, MOHAMMAD, & Farshi, Hamid. (2020). Evaluation of the Nature and Validity or Inaccuracy of Giving the Choice and Possession of the Right to Divorce to the Wife in Jurisprudence of Islamic Denominations. FIGHE MOQARAN, 7(14 ), 105-125. SID. https://sid.ir/paper/267057/en

Vancouver: Copy

Mousavi Seyed MohammadSadegh, ROSHAN MOHAMMAD, AMIN FARD MOHAMMAD, Farshi Hamid. Evaluation of the Nature and Validity or Inaccuracy of Giving the Choice and Possession of the Right to Divorce to the Wife in Jurisprudence of Islamic Denominations. FIGHE MOQARAN[Internet]. 2020;7(14 ):105-125. Available from: https://sid.ir/paper/267057/en

IEEE: Copy

Seyed MohammadSadegh Mousavi, MOHAMMAD ROSHAN, MOHAMMAD AMIN FARD, and Hamid Farshi, “Evaluation of the Nature and Validity or Inaccuracy of Giving the Choice and Possession of the Right to Divorce to the Wife in Jurisprudence of Islamic Denominations,” FIGHE MOQARAN, vol. 7, no. 14 , pp. 105–125, 2020, [Online]. Available: https://sid.ir/paper/267057/en

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