Concept of divorcement by wife on Islamic jurisprudence, Egyptian and Iranian legal system

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saadat mostafavi Seyed mostafa; Hashemi Seyed saeed; Omidi Behnam

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Journal Paper

Paper Information

Journal: ISLAMIC LAW RESEARCH JOURNAL Year:2020 | Volume:21 | Issue:1 (51) Page(s): 53-80

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Information Journal Paper

Title

Concept of divorcement by wife on Islamic jurisprudence, Egyptian and Iranian legal system

Author(s)

saadat mostafavi Seyed mostafa | Hashemi Seyed saeed | Omidi Behnam | Issue Writer Certificate

Keywords

divorcement by wife

tafwiz

divorcement by law

Abstract

Divorcement right on Islamic jurisprudence and legal systems of Egypt and Iran is essentially by husband. This is clear that men can abuse of Divorcement right so as we showed in this descriptive and normative article that legislators of nominated legal systems firstly try to balance this situation by contractual regimes like sub-delegation and tafwiz. Sub-delegation is admitted on all three legal systems, but tafwiz concept is unknown on Iranian law and just sunni jurisprudence, Egypt law, and minority of shia commentators have admitted that. The most important difference between sub-delegation and Tafiz is that wife under the tafwiz regime can has absolute Divorcement right, although under sub-delegation regime she is just agent of her husband and she has a limited Divorcement right. Lastly, the court will divorce the wife in some exceptional situation like family leave by husband, desertion of nourishing duty by man, and Distress and constriction of wife.

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APA: Copy

saadat mostafavi, Seyed mostafa, Hashemi, Seyed saeed, & Omidi, Behnam. (2020). Concept of divorcement by wife on Islamic jurisprudence, Egyptian and Iranian legal system. ISLAMIC LAW RESEARCH JOURNAL, 21(1 (51) ), 53-80. SID. https://sid.ir/paper/950390/en

Vancouver: Copy

saadat mostafavi Seyed mostafa, Hashemi Seyed saeed, Omidi Behnam. Concept of divorcement by wife on Islamic jurisprudence, Egyptian and Iranian legal system. ISLAMIC LAW RESEARCH JOURNAL[Internet]. 2020;21(1 (51) ):53-80. Available from: https://sid.ir/paper/950390/en

IEEE: Copy

Seyed mostafa saadat mostafavi, Seyed saeed Hashemi, and Behnam Omidi, “Concept of divorcement by wife on Islamic jurisprudence, Egyptian and Iranian legal system,” ISLAMIC LAW RESEARCH JOURNAL, vol. 21, no. 1 (51) , pp. 53–80, 2020, [Online]. Available: https://sid.ir/paper/950390/en

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