نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
The husband has discretion in deciding to break the marriage contract, which means that he can divorce his wife whenever he wants, without having to give reasons and excuses to justify his decision. Belief in the absolute right of a man to divorce is one of the few opinions that have not been seriously opposed in the field of jurisprudence. In the jurisprudence of the Imamiyyah, while emphasizing the absolute right of the couple in divorce, efforts have been made to avoid divorces without reasons only as a moral and non-binding order. On the contrary, in the jurisprudential discourse of Sunni, the need for a binding and limited definition of the right to divorce and strictness in its application has been emphasized by presenting several reasons. In spite of this, their jurisprudential opinions are as a result close to the jurisprudential opinions of the Imamiyyah and in practice they have not been able to adhere to the important point that a husband is obliged to justify his request in order to file a divorce case. This research has studied jurisprudential writings about the principle of the right to divorce in Imamiyyah and Sunni jurisprudential sources, so that through their analysis, the selected hypothesis can be strengthened. According to the findings of this research, the right of a husband to divorce depends on the existence and proof of a valid excuse that has made it difficult for him to live together. Therefore, a husband cannot divorce his wife for no reason, unless he can get her consent in the divorce and thus correct his divorce claim.
کلیدواژهها English
