Exclusiveness of Jurisprudential Referents of Duress in Duress Divorce of Wife with Emphasis on Imam Khomeini’ s Viewpoint

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MOUSAVI BOJNOURDI SEYED MOHAMMAD; Moghaddamfar Atieh; ARABIAN ASGHAR

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Journal: Matin research journal Year:2019 | Volume:21 | Issue:82 Page(s): 1-19

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Title

Exclusiveness of Jurisprudential Referents of Duress in Duress Divorce of Wife with Emphasis on Imam Khomeini’ s Viewpoint

Author(s)

MOUSAVI BOJNOURDI SEYED MOHAMMAD | Moghaddamfar Atieh | ARABIAN ASGHAR | Issue Writer Certificate

Keywords

distressQ2

constrictionQ2

divorceQ2

instances of constrictionQ1

Imam KhomeiniQ2

Abstract

The principle of distress and constriction is among the secondary but highly used and most important rules in Islamic jurisprudence. A major part of the developme[1]nts in family laws comes from this principle. distress and constraint are the two factors that legitimize requests for divorce by the wife according to Islamic jurisprudence. The majority of jurisprudential sources have constituted requests for divorce by the wife for distress and constriction based on the traditions. In this paper, we have first tried to clarify Imamiyah jurists’ rules on divorce for distress and constriction and secondly, made an analysis on the reasons, in order to come to this conclusion that those instances in the words and rules of the jurists are symbolic and not restrictive in nature. Therefore, they are varied according to the time and place, and social conditions.

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APA: Copy

MOUSAVI BOJNOURDI, SEYED MOHAMMAD, Moghaddamfar, Atieh, & ARABIAN, ASGHAR. (2019). Exclusiveness of Jurisprudential Referents of Duress in Duress Divorce of Wife with Emphasis on Imam Khomeini’ s Viewpoint. PAZHUHESHNAMEH MATIN, 21(82 ), 1-19. SID. https://sid.ir/paper/93897/en

Vancouver: Copy

MOUSAVI BOJNOURDI SEYED MOHAMMAD, Moghaddamfar Atieh, ARABIAN ASGHAR. Exclusiveness of Jurisprudential Referents of Duress in Duress Divorce of Wife with Emphasis on Imam Khomeini’ s Viewpoint. PAZHUHESHNAMEH MATIN[Internet]. 2019;21(82 ):1-19. Available from: https://sid.ir/paper/93897/en

IEEE: Copy

SEYED MOHAMMAD MOUSAVI BOJNOURDI, Atieh Moghaddamfar, and ASGHAR ARABIAN, “Exclusiveness of Jurisprudential Referents of Duress in Duress Divorce of Wife with Emphasis on Imam Khomeini’ s Viewpoint,” PAZHUHESHNAMEH MATIN, vol. 21, no. 82 , pp. 1–19, 2019, [Online]. Available: https://sid.ir/paper/93897/en

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