نوع مقاله : مقاله پژوهشی
نویسنده
هیئت علمی دانشگاه شهرکرد
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
Concerning the dissolution of marriage through ransom without the existence of abomination among the couple, nothing is laid down in Civil Code to refer to. However, in jurisprudence and for the first time, Shahid Sani proposed it and confirmed the correctitude of the same. Accordingly, after him, the institution of divorce against consideration or divorce against ransom was added to the literature of family jurisprudence. For some scholars, it was considered the same as Khula and Mobarat Divorces, and some others awarded correctitude of this type of divorce while confirming that it includes a duality with Khula Divorce. They have also proposed strategies to justify it in form of other contracts. However, no one has proposed its nullity, while the evaluation of the issue by the criteria of Shariah’s intent and spirit of the law at least shows its probability, because, on the one hand, all the narrations and percepts of divorce are related to the strictness in the event of separation, with which the said divorce is definitely not in harmony; and this is a kind of prohibition imposed on the divorce against consideration or divorce by consent.
کلیدواژهها [English]
