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Title

ADJUDICATIVE DIVORCE

Pages

  47-65

Abstract

 Matrimony is a conventional phenomenon leading to a legal relation, which is established between the woman and the man when the marriage contract is concluded. The contract is ensued by rights and obligations that are explained on the basis of the principle of justice. Therefore, some researchers argue that "the key to marriage dissolution has been given to 'man' by the nature." It is also true that according to article 1133 of the Civil Rights "the man may divorce his wife whenever he wishes." But when the man refuses to perform his obligations (duties), and when the continuation of the common life becomes intolerable for the women, is it still the case that the woman has to put up with the oppression [injustice] until she is driven to death? Is it the case that such a view, as illustrated above, is in accord with Islam? There is no doubt that such a view is inconsistent with indisputable Islamic principles. Thus, considering the credible principles extracted from the Islamic jurisprudence, in such cases the woman may resort to a court asking for a divorce, and the magistrate would grant her the plea. It is the purpose of this article to expound the issue and discuss it in some detail.

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    Cite

    APA: Copy

    ALAEI RAHMANI, F.. (2005). ADJUDICATIVE DIVORCE. WOMENS STUDIES, 3(8), 47-65. SID. https://sid.ir/paper/66094/en

    Vancouver: Copy

    ALAEI RAHMANI F.. ADJUDICATIVE DIVORCE. WOMENS STUDIES[Internet]. 2005;3(8):47-65. Available from: https://sid.ir/paper/66094/en

    IEEE: Copy

    F. ALAEI RAHMANI, “ADJUDICATIVE DIVORCE,” WOMENS STUDIES, vol. 3, no. 8, pp. 47–65, 2005, [Online]. Available: https://sid.ir/paper/66094/en

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