نوع مقاله : مقاله پژوهشی
نویسنده
استادیار دانشگاه آزاد اسلامی نراق
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
The conferment of the right to divorce to the wife is a controversial issue in Islamic jurisprudence. This controversy is caused by conflicting Islamic traditions in this regard. Some of these traditions reserve the right to divorce for the wife and some others do not. There are two approaches to this issue in Shiite jurisprudence. The minority approach argues for the permissibility of conferment and cites extant Islamic traditions that exceed opposing ones in number, authenticity and signification. In contrast, the majority of jurists argue for the impermissibility of conferment because of contradictory orders in relation to the conferment of the right to divorce to the wife in permitting accounts. According to this approach, since rules of conferment contradict one another and no one tradition can be preferred to the others, it is impossible to practice them. Therefore, orders that permit conferment need to be treated with care. In contrast, Sunni scholars agree on the principle of conferment in general but disagree on the details of its nature and rules. In addition, the statute laws in the Iranian Civil Code do not address this subject. Following the majority approach, the Iranian Civil Code must be read as against the permissibility of conferment. However, this right has been recognized in Egypt, Iraq, and Syria. Finally, considering the discussion in the present paper, the impermissibility of the conferment of the right to divorce to the wife has been established.
کلیدواژهها [English]
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