A jurisprudential reflection on the ruling on the non-conditional permission of the husband in Hajj al-Islam

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Kaykha Mohammad Reza; moazeni bistegani hamid; ghasemi bistegani marzieh

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Journal Paper

Paper Information

Journal: Family Law and Jurisprudence Journal Year:2020 | Volume:24 | Issue:72 Page(s): 117-140

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Title

A jurisprudential reflection on the ruling on the non-conditional permission of the husband in Hajj al-Islam

Author(s)

Kaykha Mohammad Reza | moazeni bistegani hamid | ghasemi bistegani marzieh | Issue Writer Certificate

Keywords

Husband's permission

conditions of Hajj obligation

ability

wife

Hajj al-Islam

Abstract

According to the well-known view of Imami jurists, a woman who is able and obligated to perform Hajj al-Islam not only does not need to obtain permission from her husband, but if her husband forbids her from performing Hajj, she should not obey her husband and it is obligatory for her. Perform the Hajj. And while this may conflict with the husband's rights. This research, which has been written in a descriptive-analytical way, shows that there are some reflections as a reference to Bob's arguments. The result of reflection on those arguments is that obedience to the husband is abrogated only on the assumption that the couple's rights are not violated. However, where performing Hajj requires the violation of the husband's special right of obedience-especially when the husband commits a sin-and the husband does not allow the Hajj to take place, the obligation of Hajj will be borne by the wife.

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APA: Copy

Kaykha, Mohammad Reza, moazeni bistegani, hamid, & ghasemi bistegani, marzieh. (2020). A jurisprudential reflection on the ruling on the non-conditional permission of the husband in Hajj al-Islam. FAMILY LAW AND JURISPRUDENCE (NEDAYE SADIQ), 24(72 ), 117-140. SID. https://sid.ir/paper/753936/en

Vancouver: Copy

Kaykha Mohammad Reza, moazeni bistegani hamid, ghasemi bistegani marzieh. A jurisprudential reflection on the ruling on the non-conditional permission of the husband in Hajj al-Islam. FAMILY LAW AND JURISPRUDENCE (NEDAYE SADIQ)[Internet]. 2020;24(72 ):117-140. Available from: https://sid.ir/paper/753936/en

IEEE: Copy

Mohammad Reza Kaykha, hamid moazeni bistegani, and marzieh ghasemi bistegani, “A jurisprudential reflection on the ruling on the non-conditional permission of the husband in Hajj al-Islam,” FAMILY LAW AND JURISPRUDENCE (NEDAYE SADIQ), vol. 24, no. 72 , pp. 117–140, 2020, [Online]. Available: https://sid.ir/paper/753936/en

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