Legal-Jurisprudential Review of Wife’ s Leaving Home During Engagement Period

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ALAVI QAZVINI SEYYED ALI; Sarkeshikian Zahra Sadat

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Journal: Islamic jurisprudence Resaerch Year:2019 | Volume:15 | Issue:1 Page(s): 53-73

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Information Journal Paper

Title

Legal-Jurisprudential Review of Wife’ s Leaving Home During Engagement Period

Author(s)

ALAVI QAZVINI SEYYED ALI | Sarkeshikian Zahra Sadat | Issue Writer Certificate

Keywords

Taking Permission of the HusbandQ1

Lien RightQ2

Leaving HomeQ1

Mentally Established ConditionQ1

Engagement PeriodQ1

Abstract

Today, it is customary in Iranian society to spend a time between marriage proposal and starting the joint life that is called Engagement Period. During this period, in spite of the fact that the daughter is the legitimate and legal wife of her husband, indeed she lives in her father’ s house or a house other than her husband’ s. This social procedure demands special jurisprudential and legal rules and laws pertaining to how the spouses should observe their rights during this period. One of the issues is the wife’ s Leaving Home without permission of her husband. The question arises here as to whether during this period, like the joint life of the spouses, it is an obligation for the wife to take permission of her husband for Leaving Home? To answer the question, this article first explains the rights of spouses and the views of jurisprudents pertaining to the obligation or lack of obligation for taking permission during Engagement Period. Next, discussing and criticizing the arguments of those who hold that it is obligatory to take permission from jurisprudential perspective relying on Mentally Established Condition, concomitant of right and responsibility, custom, and using Lien Right as well as from legal perspective relying on the juristic unification vote, it is concluded that it is not necessary for the wife to take permission of her husband during Engagement Period.

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APA: Copy

ALAVI QAZVINI, SEYYED ALI, & Sarkeshikian, Zahra Sadat. (2019). Legal-Jurisprudential Review of Wife’ s Leaving Home During Engagement Period. ISLAMIC JURISPRUDENCE RESEARCH, 15(1 ), 53-73. SID. https://sid.ir/paper/374157/en

Vancouver: Copy

ALAVI QAZVINI SEYYED ALI, Sarkeshikian Zahra Sadat. Legal-Jurisprudential Review of Wife’ s Leaving Home During Engagement Period. ISLAMIC JURISPRUDENCE RESEARCH[Internet]. 2019;15(1 ):53-73. Available from: https://sid.ir/paper/374157/en

IEEE: Copy

SEYYED ALI ALAVI QAZVINI, and Zahra Sadat Sarkeshikian, “Legal-Jurisprudential Review of Wife’ s Leaving Home During Engagement Period,” ISLAMIC JURISPRUDENCE RESEARCH, vol. 15, no. 1 , pp. 53–73, 2019, [Online]. Available: https://sid.ir/paper/374157/en

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