THE PLACE FOR THE RIGHT TO SWEAR FOR THE STABILIZATION OF THE FAMILY

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POURABDOLLAH KOBRA; MOHAMADHASANI SEDIGHE

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Journal Paper

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Journal: Family Law and Jurisprudence Journal Year:2017 | Volume:22 | Issue:66 Page(s): 0-0

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Title

THE PLACE FOR THE RIGHT TO SWEAR FOR THE STABILIZATION OF THE FAMILY

Author(s)

POURABDOLLAH KOBRA | MOHAMADHASANI SEDIGHE | Issue Writer Certificate

Keywords

RIGHT TO SWEAR

STABILIZATION OF THE FAMILY

FAMILIARITY

JUSTICE

GOOD COMPANIONSHIP

Abstract

The nature of the vow is an Islamic strategy for stabilizing relations between spouses and preventing the dissolution of the family institution. Because this right has been legislated for the realization of special wisdoms, for example FAMILIARITY, JUSTICE, GOOD COMPANIONSHIP and tranquility of couples. Studies show that the RIGHT TO SWEAR has been legislated with the goal of realizing spiritual and emotional affairs in the relations between spouses and the wisdom of legislation in a vow are common between spouses and provides the basic principles of the consolidation of the foundation of the family. Studies show that the RIGHT TO SWEAR with the goal of realizing spiritual and emotional affairs in the relations of the spouses is organized and its wisdom is coordinated between the couples and provides the basic principles for the consolidation of the family’s foundation. Famous jurists believe that the RIGHT TO SWEAR is not allocated polygyny and believe that one spouse has this right. Therefore, in monogamous families it is assumed that RIGHT TO SWEAR will strengthen the family. However, the review of legislative sources suggests that there is a serious legal gap in relation to the right of swear. Therefore, in this article wisdom of legislation in the right of swear and its consequences are examined using the Analytical-Descriptive Method, then for the RIGHT TO SWEAR in the consolidation of the family is analyzed, and in the end due to the special place for the RIGHT TO SWEAR in the STABILIZATION OF THE FAMILY, legal proposals based on authentic sources of jurisprudence are presented in order to resolve the legal gap of the RIGHT TO SWEAR. These suggestions include: anticipation of the ruling governing the implementation of the RIGHT TO SWEAR, bethinking the couple's refusal to exercise the RIGHT TO SWEAR as being criminal, and divorce.

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APA: Copy

POURABDOLLAH, KOBRA, & MOHAMADHASANI, SEDIGHE. (2017). THE PLACE FOR THE RIGHT TO SWEAR FOR THE STABILIZATION OF THE FAMILY. FAMILY LAW AND JURISPRUDENCE (NEDAYE SADIQ), 22(66), 0-0. SID. https://sid.ir/paper/703987/en

Vancouver: Copy

POURABDOLLAH KOBRA, MOHAMADHASANI SEDIGHE. THE PLACE FOR THE RIGHT TO SWEAR FOR THE STABILIZATION OF THE FAMILY. FAMILY LAW AND JURISPRUDENCE (NEDAYE SADIQ)[Internet]. 2017;22(66):0-0. Available from: https://sid.ir/paper/703987/en

IEEE: Copy

KOBRA POURABDOLLAH, and SEDIGHE MOHAMADHASANI, “THE PLACE FOR THE RIGHT TO SWEAR FOR THE STABILIZATION OF THE FAMILY,” FAMILY LAW AND JURISPRUDENCE (NEDAYE SADIQ), vol. 22, no. 66, pp. 0–0, 2017, [Online]. Available: https://sid.ir/paper/703987/en

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