Comparative study of legal representation in divorce in Imamieh and Sunni jurisprudence with a view to the legal system of Iran

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Ali Akbari Babokani Ehsan

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Journal Paper

Paper Information

Journal: Islamic jurisprudence Resaerch Year:2019 | Volume:14 | Issue:4 Page(s): 929-947

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Title

Comparative study of legal representation in divorce in Imamieh and Sunni jurisprudence with a view to the legal system of Iran

Author(s)

Ali Akbari Babokani Ehsan | Issue Writer Certificate

Keywords

divorceQ1

absolute jurisdictionQ1

condition of marriageQ1

Abstract

the position civil lawanswering the questions whether the divorce the couple's special rights is a completely personal matter, in which the stewardship of the couple is in that condition. And it is not possible to do it by another. Is the delegation and sovereignty of divorce permitted from the point of view of jurisprudence and the Iranian legal system, and what is the approval of the divorce's marriage license? In response to these well-known questions, Imamiyya jurisprudents have acknowledged that although a divorce has been paid by a divorced person to a couple, however, this can be justified and the couple can assign it to a third party or a wife; if the civil law The same comment has been accepted. In contrast to the famous belief in Imamiyya jurisprudents and, consequently, Iranian civil law does not allow the divorce to be given to a wife and the divorce is not in the form of divorce, while in accepting the principle of the giving and divorce, there is no difference between the public jurists. Therefore, after reviewing the meaning and concept of delegation and soakil, the authors have reviewed their permission in jurisprudence and legal system of Iran.

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APA: Copy

Ali Akbari Babokani, Ehsan. (2019). Comparative study of legal representation in divorce in Imamieh and Sunni jurisprudence with a view to the legal system of Iran. ISLAMIC JURISPRUDENCE RESEARCH, 14(4 ), 929-947. SID. https://sid.ir/paper/372605/en

Vancouver: Copy

Ali Akbari Babokani Ehsan. Comparative study of legal representation in divorce in Imamieh and Sunni jurisprudence with a view to the legal system of Iran. ISLAMIC JURISPRUDENCE RESEARCH[Internet]. 2019;14(4 ):929-947. Available from: https://sid.ir/paper/372605/en

IEEE: Copy

Ehsan Ali Akbari Babokani, “Comparative study of legal representation in divorce in Imamieh and Sunni jurisprudence with a view to the legal system of Iran,” ISLAMIC JURISPRUDENCE RESEARCH, vol. 14, no. 4 , pp. 929–947, 2019, [Online]. Available: https://sid.ir/paper/372605/en

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