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Assistant Professor of Research Institute Islamic Culture and Thought, Qom
Abstract
According to Quran and tradition, man enjoys the right of divorce. Abusing this right has brought about the divorce to grow in number in Iran. To prevent abusing divorce right, it is possible to limit divorce right through stipulating conditions in marriage contract. It is evident that this contractual imposition of limitation on divorce right of the man is legitimate. This means that man undertakes not to divorce his wife except that she is disobedient or impotent in sexual relations. This notto- divorce condition is also protected by civil laws including indemnifying spiritual losses and exercising measures against those who breach this condition. Among effectual guarantees in civil law not having right to divorce is the firmest condition. In other words, when man undertakes to not to divorce his wife, he is deprived of dissolving the marriage according to religious law. In the words of jurisprudents, man, by undertaking this condition under marriage contract, makes himself deprived of divorce right privilege legitimately. However, this does not mean total deprivation of divorce right which remains in special conditions.
Najafian, A., & Hedayatnia, F. (2016). A legal-jurisprudential investigation of enforcement of nondivore
condition. Jurisprudence and Islamic Law, 7(12), 223-245.
MLA
Amin Najafian; Farajollah Hedayatnia. "A legal-jurisprudential investigation of enforcement of nondivore
condition". Jurisprudence and Islamic Law, 7, 12, 2016, 223-245.
HARVARD
Najafian, A., Hedayatnia, F. (2016). 'A legal-jurisprudential investigation of enforcement of nondivore
condition', Jurisprudence and Islamic Law, 7(12), pp. 223-245.
VANCOUVER
Najafian, A., Hedayatnia, F. A legal-jurisprudential investigation of enforcement of nondivore
condition. Jurisprudence and Islamic Law, 2016; 7(12): 223-245.
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