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Author(s): 

ROSTAMI TABRIZI L.

Issue Info: 
  • Year: 

    2009
  • Volume: 

    11
  • Issue: 

    43
  • Pages: 

    215-242
Measures: 
  • Citations: 

    0
  • Views: 

    1603
  • Downloads: 

    0
Abstract: 

Iddah is a jurisprudential and legal issue behind which there is specific goal. During Iddah, divorce lddah or death lddah, women are not allowed to remarry. In all Islamic denominations, Iddah is an undeniable principle though there are minor disagreements with respect to the related verdicts. After doing a comparative study of the laws of Iddah in Iran and some other Islamic and non-Islamic countries, the paper tries to answer the question whether there is Iddah in the laws of European and American countries. The answer is no, but to prevent problems of genealogical mixture in these countries, provisions such as lengthening the hearing sessions, the prohibition of body contact during the procedure of divorcing, and the couples being banned from remarrying as determined in the divorce verdict have been implemented which serve the purpose of Iddah.

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Author(s): 

RAHBAR MAHDI

Issue Info: 
  • Year: 

    2009
  • Volume: 

    12
  • Issue: 

    45 (WOMENS CRIMES)
  • Pages: 

    43-78
Measures: 
  • Citations: 

    0
  • Views: 

    19455
  • Downloads: 

    0
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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Author(s): 

ALIJANI MOHSEN | GHODSI AHMAD

Journal: 

COMMENTARY STUDIES

Issue Info: 
  • Year: 

    2016
  • Volume: 

    7
  • Issue: 

    27
  • Pages: 

    7-24
Measures: 
  • Citations: 

    0
  • Views: 

    1283
  • Downloads: 

    0
Abstract: 

The Holy Quran has dealt with the subject of divorce and its Iddah in verses 228, 229, 231, and 232 of Al-Baqara, Al-Ahzab/29, At-Talaq/ 1, 2, 4, 6, and 7. Accordingly, Iddah of divorce is a significant subject mentioned in the Holy Quran. According to this teaching, most of the divorced women have to wait for a while and refrain from marriage with others. Using the commentary viewpoints of the Fariqain’s commentators, the present study is an attempt to investigate the reason behind this waiting and whatness of its necessity for women and the reason that some women do not need to maintain Iddah after pronouncing the divorce rituals. In addition to providing answers for the related questions, the paper illustrates that Iddah is in accordance with principles of social ethics and it is a real teaching not a credit one.

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Author(s): 

YUSUFI ROQAYYAH

Issue Info: 
  • Year: 

    2014
  • Volume: 

    1
  • Issue: 

    1
  • Pages: 

    0-0
Measures: 
  • Citations: 

    0
  • Views: 

    1684
  • Downloads: 

    0
Abstract: 

A study of Islamic sources such as the Quran and traditions of the Holy Prophet (S) as well as the conversations of his companions and their friends show that the rationale and concept of divine laws had always been an important concern. One of the issues which needs to be explained and which has since long preoccupied public mind is the concept of Iddah (waiting period). In this study, however, efforts have been made to elaborate on the nature of Iddah, its different kinds and philosophy, albeit with reliance on exegetical, jurisprudential and hadith sources.In Islam, iddah (period of waiting) is the period a woman must observe after the death of her spouse or after a divorce or when she is exempted of the remaining time, during which she may not marry another man. Islam considers Iddah as a means for reform and return and an appropriate opportunity for rethinking. It was also intended to ensure that the male parent of any offspring produced after the cessation of a marriage contract would be known. However, all the arguments and causes related to the mandatory rules are not the perfect causes; rather they constitute part of the secrets and wisdom of the rules and there are many Islamic laws whose entire rationale and concept remain concealed to humans.

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Journal: 

CIVIL LAW KNOWLEDGE

Issue Info: 
  • Year: 

    2024
  • Volume: 

    13
  • Issue: 

    26
  • Pages: 

    43-54
Measures: 
  • Citations: 

    0
  • Views: 

    24
  • Downloads: 

    0
Abstract: 

One of the legal effects of divorce in Islamic law is the requirement for women to observe a waiting period after separation from their spouse or after his death. The most prominent effect of iddah is the prohibition of remarriage for women until the end of the prescribed period, as well as the husband's right of return during the iddah of divorce. The one-sided nature of this ruling presents challenges in Islamic societies regarding the imbalance and inequality of rights between men and women, and gender justice. This study demonstrates that the purpose of the iddah ruling in divorce is not solely for the detection of pregnancy. Therefore, the suggestion of the possibility of iddah for men in family law, and the belief in the right of return for both parties, is not only religiously justified but also rational due to its societal and psychological necessities. It is worth mentioning that this possibility has not been addressed in the interpretations or prevalent traditions of Islamic law, but the authors claim that the underlying spirit of Islamic teachings indicates the necessity of iddah beyond gender, aiming to preserve the family's existence. The results of this research suggest the following legal article: A man and a woman whose marriage is declared by the court must maintain an iddah (three menstrual cycles) and none of them have the right to remarry (permanent or temporary) during the said period. Also, whoever loses his wife can get married only after the death period has expired

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Issue Info: 
  • Year: 

    2022
  • Volume: 

    10
  • Issue: 

    26
  • Pages: 

    121-142
Measures: 
  • Citations: 

    0
  • Views: 

    310
  • Downloads: 

    0
Abstract: 

One of the religious open-minded people is Mohammad Shahrour who considers the jurisprudential ruling of divorce Iddah (period of waiting) as a historical issue and confirms that by citing Quranic arguments. This documentary-descriptive research aimed to criticize Mohammad Shahrour's view,thus, the book "Al-Sunnah al-Rasouliah va al-Sunnah al-Nabaviah" was reviewed and his arguments were extracted from this book. Moreover, after reviewing Quranic interpretations and written jurisprudential sources in the field of divorce, the transcendental arguments of the ruling of divorce Iddah (period of waiting) were extracted and classified, and by these data, Mohammad Shahrour's view was criticized. The results demonstrated that, in the book "Al-Sunnah al-Rasouliah va al-Sunnah al-Nabaviah", Mohammad Shahrour believes in the consistency of the Prophet Mohammad's tradition with other human traditions, and also emphasizes the necessity of historical reading of the verses addressed by "Ya ayohanabi". Therefore, he declares that the ruling of divorce Iddah (period of waiting) is an example of the requirements of the descent era and it does not matter these days,while Quranic verses, with themes such as the need to adhere the Prophet Mohammad's teachings, the description of the prophets in Quran, and the description of who avoids evil temptations, confirm the authority of Sunnah as the second source of reaching divine commands and prohibitions. From the view of Islamic jurisprudence, women's Iddah (period of waiting) is a certain Sharia ruling for all eras that one of its most important consequences is to keep marriages for providing a situation in which it is possible to return again after getting divorced and to restore marriage bond.

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Issue Info: 
  • Year: 

    2021
  • Volume: 

    8
  • Issue: 

    18
  • Pages: 

    314-341
Measures: 
  • Citations: 

    0
  • Views: 

    375
  • Downloads: 

    0
Abstract: 

The Political schools distinguished based on their own definition of human. Thus, this article dissects Ayatollah Shah-Abadi’ s approach to Politics ('iddah” and' “ Udah” ) according to his view point about human. The related researches to Ayatollah Shah-Abadi’ s works merely focused whether on Ayatollah’ s merely philosophical and theosophy-related thoughts or political views omitting anthropological roots. So, the main question of this article is “ How do “ 'iddah” and' “ Udah” policies correlate based on Ayatollah Shah-Abadi’ s own definition of human? ” The article conducts a qualitative content analysis of content on Ayatollah’ s collected works concerning his philosophy and his definition of the human-nature. Then, following the difference of “ Nature and Fetrah” , Ayatollah shows human’ s role in establishing the societies. Also, emphasizing that nature must be coordinated with Fetrah, Shah-Abadi’ s views of “ 'Iddah” and' “ Udah” policies are explained. Finally, the article dissects how Fetrah-based rules (the tendencies of coexistence, perfectionism, having dignity and help seeking) related to 'Iddah” policy and nature-based rules (improving the agriculture, industry, trade, donation and lending-culture) related to “ Udah” Politics correlate to each others.

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Author(s): 

RAZAVI SEYED MOHAMMAD

Issue Info: 
  • Year: 

    2017
  • Volume: 

    22
  • Issue: 

    66
  • Pages: 

    0-0
Measures: 
  • Citations: 

    0
  • Views: 

    1051
  • Downloads: 

    0
Abstract: 

In several cases there are two sources for the period of waiting. There is a dispute between jurists in these cases as to whether it is obligatory or necessary for the divorcee to wait and looked out for two periods of waiting (Iddah) or one, or that the waiting period does not overlap. This dispute is due to the conflict of evidence. On the other hand, when there are two pieces of evidence and there is an established conflict over the two that should be resolved and a third evidence changes this conflict between them to absolute generality with its entrance, there is no single opinion on the quality of the conflict resolution. Some great fundamentalists do not accept the “theory of changing the relationship between these pieces of evidence” while some have accepted it, while others have accepted it in light of the third evidence and under its terms. In this article, which has used the analytical method, relying on first-hand jurisprudential and fundamental sources, we argue that one of the origins of the difference in the rules of the interference of a number of differences in the acceptance of the above theory. Thus, by accepting the theory and evaluation of the first group contrariquent evidence with the second group, its proportion to the third group has changed from the evidence, and from the contradiction to the general and absolute, and the possibility of allocation and aggregation of the dealership is provided.

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Issue Info: 
  • Year: 

    2025
  • Volume: 

    58
  • Issue: 

    1
  • Pages: 

    235-258
Measures: 
  • Citations: 

    0
  • Views: 

    0
  • Downloads: 

    0
Abstract: 

Iʿtikāf is an Islamic practice consisting of staying in a mosque for a certain number of days. It has a profound effect on spiritual purification and mental tranquility. This form of worship existed in previous religions and has been affirmed and emphasized in Islam. Most rulings on Iʿtikāf are common between men and women, though Islamic jurisprudential schools differ on certain aspects, such as the impact of gender on the location of women’s Iʿtikāf, the necessity of a husband’s permission for the validity of a wife’s Iʿtikāf, and the ruling on combining Iddah with Iʿtikāf. The present article employs a descriptive-analytical method, utilizing library and documentary sources, to conduct a comparative study of the rulings on women's specific Iʿtikāf in Islamic jurisprudence. An examination of jurisprudential perspectives reveals that the preponderant opinion regarding the place of Iʿtikāf for women is that it should be performed in a mosque, although the Hanafis consider Iʿtikāf at home to be preferable for women. Given that Friday prayers are not obligatory for women, the mosque’s status as a congregational mosque (jāmiʿ) is not a condition for the validity of their Iʿtikāf. From a jurisprudential standpoint, married women must obtain their husband's permission. In cases where a woman's waiting period (ʿIddah) coincides with Iʿtikāf, jurists have presented two views: either completing the Iʿtikāf first or then observing the ‘Iddah at home, or vice versa. Menstruation and postpartum bleeding nullify a woman's Iʿtikāf, but after they end, she may return to the mosque and resume her Iʿtikāf, provided the necessary conditions are met. However, irregular bleeding (Istihazah) does not invalidate Iʿtikāf.

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Author(s): 

BARIKLOU ALIREZA

Issue Info: 
  • Year: 

    2014
  • Volume: 

    46
  • Issue: 

    2
  • Pages: 

    183-208
Measures: 
  • Citations: 

    0
  • Views: 

    648
  • Downloads: 

    0
Abstract: 

in the law of embryos donation that was approved for artificial insemination or treatment of infertile couples, the legitimacy of fertility was subjected to observance of the Islamic criteria of artificial insemination without clearing and specifying them. with due attention that the Artificial inseminators are physicians and not specialist of Islamic law, it is necessary that the lawmaker revised the law and Select a method that is in accordance with Islamic prerequisite criteria and also determine the Islamic criteria of artificial insemination accurately which the most important of them are the sanctity of receiving woman’s uterus, the observance of Iddah during the pregnancy and the necessity of perseverance the child's parentage that shaping his or her identity.

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