نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشجوی دکتری فقه و مبانی حقوق اسلامی دانشگاه قم
2 دانشیار گروه فقه و مبانی حقوق اسلامی دانشکاه قم
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
Apostasy has special precepts in Islamic jurisprudence such as: marriage rescission. In this case a very important question appears: does the couple apostacy cause wife's dowry cancellation? Or it doesn't affect it ?
The result of research shows that there is a disagreement in Islamic jurisprudence about it .
Shafi'i, Hanbali and Hanafi jurists agree on that the wife deserves the dowry completely if apostasy happens from the husband after intercourse .
But based on the assumption of the wife's apostasy before intercourse, her dowry is completely cancelled and based on the assumption of the husband's apostasy before intercourse, the dowry is divided into half,
The idea attributed to the Maleki jurisprudence is that is apostasy happens after intercourse, paying the dowry is mandatory for the husband and if it happens before intercourse if we consider apostasy as divorce the dowry is divided into half but if we consider it as rescission the dowry is cancelled .
Imami jurists also believe that if the husband or wife apostatize after intercourse he has to pay the dowry completely but if the wife apostatizes before intercourse the dowry is completely cancelled .
They have a disagreement about the husband's apostasy before intercourse. Evaluating the reasons for proving commitment to pay the whole dowry with the assumption of the husband or wife's apostasy after intercourse and husband's apostacy before intercourse and also dowry cancellation with the assumption of wife's apostacy before intercourse. Looks more reasonable to pay the whole dowry in this case
کلیدواژهها [English]
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