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Issue Info: 
  • Year: 

    2019
  • Volume: 

    23
  • Issue: 

    69
  • Pages: 

    105-120
Measures: 
  • Citations: 

    0
  • Views: 

    871
  • Downloads: 

    0
Abstract: 

In REVOCABLE DIVORCE, the DIVORCEr can continue living with his wife through reversion during vacuity (waiting term) although the terms and conditions of REVOCABLE DIVORCE is mentioned in Islamic jurisprudence, Iran’ s Civil law which is based on Imamieh jurisprudence does not meet the requirements in a complete sense. . With due attention to spread of DIVORCE in society a common problem is disagreement of the couples about reversion and it’ s details. The present research seeking a realistic solution studies the relevant issue in so called Islamic five schools of thought based on Imamieh jurisprudence. It seems that the matter of waiting period in REVOCABLE DIVORCE is in most concern for the couples. In addition, the claim of the wife is mostly accepted and her oath is effected in some cases

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Issue Info: 
  • Year: 

    2018
  • Volume: 

    23
  • Issue: 

    68
  • Pages: 

    73-96
Measures: 
  • Citations: 

    0
  • Views: 

    1728
  • Downloads: 

    0
Abstract: 

REVOCABLE DIVORCE is a type of DIVORCE in which the husband can return to the former marriage by rejoining the wife during Iddah. Many studies have already presented the role of REVOCABLE DIVORCE as the family amendment. The present study tries to investigate this role as well as to assess the current legislative and judicial policy in Iran. By examining the Quranic evidence, narrations and decrees of the jurists the REVOCABLE DIVORCE is one of the wisest devices for the survival of family unit that is considered in Islamic law; provided that the husband rejoins the wife with reconciliation intention. Regarding the possibility of detriment intention of husband to abuse the wife, the husband is allowed to rejoin the wife only twice according to the Islamic Law. Considering the benefit of REVOCABLE DIVORCE, Iran’s legislature however, adopts a neutral uncaring viewpoint on subsequent issues, for instance, the ignorance of the right of residing in a shared house after the DIVORCE. In addition, long formal processes of DIVORCE or bad attitude of judges generally ends with the issuance of irREVOCABLE DIVORCE. Regarding the current trend in the courts of Iran this malfunctioned procedure should be amended for the benefit of REVOCABLE DIVORCE.

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Author(s): 

Jafari Ali | Dehghan Mostafa

Issue Info: 
  • Year: 

    2023
  • Volume: 

    19
  • Issue: 

    1
  • Pages: 

    73-84
Measures: 
  • Citations: 

    0
  • Views: 

    76
  • Downloads: 

    22
Abstract: 

The status of REVOCABLE DIVORCEd wife during the waiting period after DIVORCE is one of the most important issues in jurisprudence and law. Two theories have been proposed among the jurists: real conjugality and judicial conjugality of REVOCABLE DIVORCEd wife. The present study, using a descriptive-analytical method, has examined the fruits of the two theories. Nine results of the two theories have been proposed in the words of the jurists and the lawyers, some of which have no practical effect, such as the question of whether the REVOCABLE DIVORCE is an absolute sale or a lawful contract, whether the arrangement of conjugality rules in the waiting period after DIVORCE is devotional or rule-governed, or whether referring to the DIVORCEd wife results in the restoration of the marriage or prevention of separation between couples. Some of the rulings mentioned as the results of the debate are not essentially related to the real conjugality and judicial conjugality, such as the question of whether the referring to the DIVORCEd wife is a right or a ruling. Some of the proposed results are important practical rulings, but there is no difference in the arrangement between real conjugality and judicial conjugality; in other words they are arranged according to both theories, such as the permission of sexual pleasure during the waiting period and eternal sanctity in case of adultery with REVOCABLE DIVORCEd wife. Examination of the jurists' statements about the REVOCABLE DIVORCEd wife indicates that all the rulings applied to the wife are also applied to the REVOCABLE DIVORCEd wife. According to the above-mentioned evidences, it is found that there is no practical difference between the two theories of real conjugality and judicial conjugality.

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Issue Info: 
  • Year: 

    2017
  • Volume: 

    13
  • Issue: 

    46
  • Pages: 

    141-156
Measures: 
  • Citations: 

    0
  • Views: 

    1598
  • Downloads: 

    0
Abstract: 

From long ago DIVORCE has been accepted in laws and cultures with certain limits and constraints. Also in Islam DIVORCE has got specific sentences and conditions and religious scholars have spent centuries to investigate and explain it. The fact that civil laws are derived from religious orders has not been ignored on the matter of DIVORCE and includes those orders derives from jurisprudence scripts, although we sometimes observe silence and legal gaps or ambiguity in legal acts and this fact is seen throughout some cases of DIVORCE, including mandatory DIVORCE and minor DIVORCE which their nature and orders have been clearly described, but the law has kept silence on determining its origin and type. For that matter and to solve problems and commentary on legal acts on this subject, reviewing from jurisprudence way and its implementation to the low has been a big help and has short its similarities and differences. This article has been edited for that purpose and acknowledges mandatory DIVORCE as REVOCABLE and minor DIVORCE as irREVOCABLE.

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Issue Info: 
  • Year: 

    2022
  • Volume: 

    13
  • Issue: 

    1
  • Pages: 

    225-255
Measures: 
  • Citations: 

    0
  • Views: 

    194
  • Downloads: 

    32
Abstract: 

Gender socialization, as one of the most basic types of socialization, affects a person's individual and social life, including the stability of his or her marital life. The aim of this study was to explain the relationship between gender socialization and DIVORCE between 178 DIVORCEd women and 222 women with emotional DIVORCE, which was conducted by survey method in Bandar Abbas. This study used biological and social theories to explain gender socialization and theories of structural functionalism and the love triangle to explain DIVORCE. In the present study, simple and stratified random sampling proportional to volume was used for women with emotional DIVORCE and chain sampling was used for DIVORCEd women. Questionnaire data were collected through interviews and face validity was confirmed through literature review and expert judgment, structural validity was confirmed by factor analysis and its reliability was confirmed by Cronbach's alpha. The results showed that gender socialization of 29.4% of DIVORCEd women and 70.6% of women with emotional DIVORCE is traditional, and on the other hand 60.2% of DIVORCEd women and 39.8% of women with emotional DIVORCE, Had a modern gender socialization. According to the results of Chi-square test, there is a significant relationship between the type of gender socialization of women, gender values, gender inequality and power relations with the type of DIVORCE. Accordingly, women with emotional DIVORCE have a more traditional outlook than DIVORCEd women.

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Author(s): 

ROUSHAN M. | MOZAFARI MOSTAFA

Issue Info: 
  • Year: 

    2009
  • Volume: 

    5
  • Issue: 

    2 (18)
  • Pages: 

    236-274
Measures: 
  • Citations: 

    0
  • Views: 

    4231
  • Downloads: 

    0
Abstract: 

According to the Iranian rules, DIVORCE is within the jurisdiction of the husband, and only in special cases is the wife entitled to request DIVORCE from the court, which is called ‘judicial DIVORCE". The issue that matters in the discussion of judicial DIVORCE is its nature; which may bring different effects. There is a disagreement about the nature of judicial DIVORCE; some believe that it is a REVOCABLE DIVORCE while some others consider it as irREVOCABLE. The arguments of both sides indicate significant and fundamental flaws.The third viewpoint presented proportionate to the characteristics of judicial DIVORCE in this paper is that this kind of DIVORCE is to be considered as ‘irREVOCABLE in kind’.This viewpoint not only removes the defects of the previous opinions, but also offers a fundamental step towards the protection of the family structure, the preservation of women rights and the prevention of probable abuse by men. 

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Issue Info: 
  • Year: 

    2016
  • Volume: 

    -
  • Issue: 

    13
  • Pages: 

    157-183
Measures: 
  • Citations: 

    0
  • Views: 

    1337
  • Downloads: 

    0
Abstract: 

after the REVOCABLE DIVORCE (raj’ i), until the husband has the right to take back the wife, the woman and man have a special legal status from the legal point. From one side, the DIVORCE has established but it seems that this DIVORCE has no effect in the relationship between husband and wife and both have rights and duties toward each other. From the other side, if man does not use his right to take back the wife and the period of it comes to end, the DIVORCE has put its impact and results separation. In Islamic holy law and consequently in the positive law of Iran, during this time which man can take back to his wife, man and woman have rights and duties toward each other. Because of these duties and rights, some Islamic jurists think that the DIVORCEd woman is considered as the wife for the man and there are no differences between the DIVORCEd woman and wife. Therefore, all effects and ordinances related to the wife are for her. Some other jurists believe that she is his wife but some rights and duties of wife extend to her. Each of these attitudes has its special consequences for the DIVORCEd woman. After studying, investigating and thinking and with regarding faults for each ideas, in spite of being accepted by the law of Iran and with paying attention to articles 1120, Article 8, clause 2 of the non-litigious jurisdiction act and Article 38 of Iran’ s Family Protection Law codified 1392, it seems that the legislator has accepted the attitude of the DIVORCEd woman being the real wife based on ruling. But the DIVORCEd woman being the real wife is close to reality and expediency in both effects and the reasoning of such ordinance from the view of the holy law giver which are the coherence and disruption family system.

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Author(s): 

RAHIMI M. | SOLEIMANI S.

Issue Info: 
  • Year: 

    2019
  • Volume: 

    9
  • Issue: 

    17
  • Pages: 

    57-79
Measures: 
  • Citations: 

    0
  • Views: 

    1681
  • Downloads: 

    0
Abstract: 

The right and/or the verdict of option for the husband toward his spouse in REVOCABLE DIVORCE is identified in article 1148 of the Civil law and legal sources and is the source of dispute. Some jurisdictions know it as “ right” which can be scrapped and reconciled and others define it as verdict that cannot be scrapped. This dispute is originated due the fact that distinction between the right and verdict is difficult while both have been expressed by the legislator. Despite the criticism leveled against some of the diagnostic criteria of the right and verdict such as transmissivity and scrapping and their deficiencies, but investigating the causes of right and verdict is still the best way of diagnosis. Accordingly, the verdict of option in REVOCABLE DIVORCE for the husband with abovementioned standards, specially the causes, can be proved via verses and hadiths. The ability of scrapping of the option in REVOCABLE DIVORCE for the husband and also the permit of reversion of the husband to the wife despite of scrapping in his option can be extended whether it is a right or verdict. Therefore, proponents of both views contemplate it as a possible decision to scrap it with peace and with the permit of revocation. Consequently, this conflict has no result. Also, although some jurisconsults such as Imam Khomeini has asserted that the option for the husband toward his spouse in REVOCABLE DIVORCE is a verdict, in some other cases they have regarded it as a right.

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Issue Info: 
  • Year: 

    2023
  • Volume: 

    15
  • Issue: 

    1
  • Pages: 

    97-110
Measures: 
  • Citations: 

    0
  • Views: 

    34
  • Downloads: 

    0
Abstract: 

Ciphertext-policy attribute-based encryption(CP-ABE) is considered a promising solution for secure data sharing in the cloud environment. Although very well expressiveness in ABE constructions can be achieved using a linear secret sharing scheme(LSSS), there is a significant drawback in such constructions. In the LSSS-based ABE constructions, the number of heavy pairing operations increases with an increase in the number of required attributes in the decryption. In this paper, we propose an LSSS-based CP-ABE scheme with a fixed number of pairings(four pairings) during the decryption process. In our scheme increasing the number of required attributes in the decryption does not affect the number of pairings. The simulation shows that our scheme has significant advantages in the encryption and the decryption processes compared to previous schemes. In addition, we use the outsourcing method in the decryption to get better performance on the user side. The main burden of decryption computations is done by the cloud without revealing any information about the plaintext. Furthermore, in our revocation method, the users’ communication channels are not used during the revocation process. All of these features make our scheme suitable for applications such as IoT. The proposed scheme is selectively CPA-secure in the standard model.

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Issue Info: 
  • Year: 

    2023
  • Volume: 

    11
  • Issue: 

    2
  • Pages: 

    487-508
Measures: 
  • Citations: 

    0
  • Views: 

    48
  • Downloads: 

    16
Abstract: 

The marriage of a muslim man and a woman who are bonded to different jurisprudential religions causes some disagreements in courts especially regarding personal problems. Triple DIVORCE in one session is one of these issues which is a REVOCABLE DIVORCE in Imamiye and is irREVOCABLE DIVORCE based on the ideas of the most jurists of Sunnah. Based on the survey of this researcher in some border provinces due to the widespread use of triple DIVORCE in one session and the silence of the rule in this issue the difference effects of REVOCABLE and irREVOCABLE DIVORCE and the fact that the DIVORCE is a monolateral right but it affects on both sides, this topic has been selected for the study. We will answer the questions that in performing the triple DIVORCE which side's opinion will be respected and on which basis it must be performed? Although from the viewpoints of shiites one DIVORCE and based on some fatwas no DIVORCE has been performed but based on Sunni religion three DIVORCEs has been performed. This research which has been done using descriptive_analytical method and some library and related software sources tries to find a solution for this religious difference between the Islamic religions the findings reveal that based on obligation rule the place of truth and subordination rule and also in some subsidiaries even the ihtiyat-fi-lfuruj rule in some conditions the problem can be answered.

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