PROHIBITION OF MARRYING A MARRIED WOMAN AND A WOMAN IN IDDAH

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RAHBAR MAHDI

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

Journal Paper

Paper Information

Journal: WOMEN'S STRATEGIC STUDIES (KETABE ZANAN) Year:2009 | Volume:12 | Issue:45 (WOMENS CRIMES) Page(s): 43-78

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Information Journal Paper

Title

PROHIBITION OF MARRYING A MARRIED WOMAN AND A WOMAN IN IDDAH

Author(s)

RAHBAR MAHDI | Issue Writer Certificate

Keywords

IDDAHQ3

MARRIED WOMANQ3

MARRIAGE CONTRACTQ2

DIVORCEQ2

PUNISHMENTQ2

PERMANENT UNLAWFULNESSQ3

Abstract

There are various traditions and rational arguments according to which marrying a MARRIED WOMAN or a woman in IDDAH is not permissible whether temporarily or permanently. Marrying a MARRIED WOMAN or a woman in IDDAH can be classified into different groups on the basis of being or not being aware of it and the type of verdict. The verdict for this type of marriage, in case the man knew that the woman was previously married, is PERMANENT UNLAWFULNESS [hormat], and in case he did not knew and did not have intercourse with her the marriage is invalid. If the man is aware of the woman's previous marriage, their child will be considered as the child of adultery [walad al-zena]; if the man is not aware, the child will be considered as the one with doubtful origin. This paper studies arguments for the prohibition of such marriage and verdicts for various types of such marriage on the basis of religious arguments and the existing laws. The paper also suggests amendments for three related clauses in civil law and two clauses in Islamic penal law in order to remove ambiguities.

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APA: Copy

RAHBAR, MAHDI. (2009). PROHIBITION OF MARRYING A MARRIED WOMAN AND A WOMAN IN IDDAH. WOMEN'S STRATEGIC STUDIES (KETABE ZANAN), 12(45 (WOMENS CRIMES)), 43-78. SID. https://sid.ir/paper/93947/en

Vancouver: Copy

RAHBAR MAHDI. PROHIBITION OF MARRYING A MARRIED WOMAN AND A WOMAN IN IDDAH. WOMEN'S STRATEGIC STUDIES (KETABE ZANAN)[Internet]. 2009;12(45 (WOMENS CRIMES)):43-78. Available from: https://sid.ir/paper/93947/en

IEEE: Copy

MAHDI RAHBAR, “PROHIBITION OF MARRYING A MARRIED WOMAN AND A WOMAN IN IDDAH,” WOMEN'S STRATEGIC STUDIES (KETABE ZANAN), vol. 12, no. 45 (WOMENS CRIMES), pp. 43–78, 2009, [Online]. Available: https://sid.ir/paper/93947/en

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