Examining the Judicial Procedure Related to the Condition of Halving the Couple's Assets from the Perspective of Jurisprudence and Civil Rights

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.

Ostadi Safar Ali; AZIMI GAREKANI HADI; Pourmanouchehri Seyed Ali

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

Journal Paper

Paper Information

Journal: Medical Law Year:2020 | Volume:14 | Issue:Special Issue on Human Rights and Citizenship Rights Page(s): 423-435

Download Full-Text

Persian Verion

View:

2,612

Download:

Cites:

Information Journal Paper

Title

Examining the Judicial Procedure Related to the Condition of Halving the Couple's Assets from the Perspective of Jurisprudence and Civil Rights

Author(s)

Ostadi Safar Ali | AZIMI GAREKANI HADI | Pourmanouchehri Seyed Ali | Issue Writer Certificate

Keywords

Conditions of ContractQ1

Citizenship RightsQ1

MarriageQ1

DivorceQ1

Asset SharingQ1

Jurisprudential RulesQ1

Abstract

The provisions of the Marriage contract provide guidelines to support family solidarity and protect the rights of both parties to the Marriage, which is both in accordance with the Imamiyyah jurisprudence and in accordance with the law, as stated in Article 1119 of the Civil Code: "A woman may enter into any Marriage contract. To act in a manner not contrary to the requirement of the contract. " One of these is the requirement to divest property in 1362 in order to provide financial support to Divorced women and to compensate for the shortcomings of the law in printed Marriages, which some jurists believe to be a misconception of the rights of European countries with little or no involvement. The result of this study is that Jurisprudential Rules such as the rule of dominion and the rule of condition can be considered as the basis of this condition. On the other hand, due to the ambiguities and deficiencies that exist in this condition, there are problems in executing that, in addition to not providing financial support to Divorced women, even cause them to be wandering about their rights and in most cases men being burdened. The responsibility arising from this commitment is shunned. On the other hand, this condition precedes the Fair remuneration and gift and according to many jurists, women are deprived of the prerogative of the priesthood by earning up to half the wealth of the man. The present study has discussed the disputes on this condition such as the impossibility of the condition, the unclear extent of the couple's commitment, the taste of some judges, the problem of proving a man's property for his wife, etc and has attempted to resolve these problems. It can also be argued that the divisive and religious condition of the Marriage has provided security and ethics for married life, strengthened this relationship, strengthened family foundations and reduced Divorce rates. Certainly identifying the condition for divestment of the couple's property is in line with the exercise of Citizenship Rights.

Cites

No record.

References

No record.

Cite

APA: Copy

Ostadi, Safar Ali, AZIMI GAREKANI, HADI, & Pourmanouchehri, Seyed Ali. (2020). Examining the Judicial Procedure Related to the Condition of Halving the Couple's Assets from the Perspective of Jurisprudence and Civil Rights. MEDICAL LAW, 14(Special Issue on Human Rights and Citizenship Rights ), 423-435. SID. https://sid.ir/paper/370781/en

Vancouver: Copy

Ostadi Safar Ali, AZIMI GAREKANI HADI, Pourmanouchehri Seyed Ali. Examining the Judicial Procedure Related to the Condition of Halving the Couple's Assets from the Perspective of Jurisprudence and Civil Rights. MEDICAL LAW[Internet]. 2020;14(Special Issue on Human Rights and Citizenship Rights ):423-435. Available from: https://sid.ir/paper/370781/en

IEEE: Copy

Safar Ali Ostadi, HADI AZIMI GAREKANI, and Seyed Ali Pourmanouchehri, “Examining the Judicial Procedure Related to the Condition of Halving the Couple's Assets from the Perspective of Jurisprudence and Civil Rights,” MEDICAL LAW, vol. 14, no. Special Issue on Human Rights and Citizenship Rights , pp. 423–435, 2020, [Online]. Available: https://sid.ir/paper/370781/en

Related Journal Papers