نوع مقاله : مقاله پژوهشی
نویسندگان
1 گروه فقه و حقوق، دانشکدگان فارابی، دانشگاه تهران، تهران، ایران.
2 گروه علوم قرآن و فقه، دانشکده الهیات و معارف اسلامی، دانشگاه شیراز، شیراز، ایران.
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
In a judicial divorce, without the husband agreeing to the divorce or being present, the ruler of Sharia divorces his husband due to reasons and at the request of the wife. What is of particular importance in the discussion of judicial divorce is its nature, because depending on its nature, it has different effects. The nature of judicial divorce is disputed. One group is of the opinion that it is retrograde and the other group considers it to be Bain, that each of these opinions has fundamental and important flaws. In this article, by stating the requirement of the right to refer to Arde Ishal in regressive divorce, the problem of judicial divorce being regressive is solved, and the purpose of ruling divorce is not violated. This article, by criticizing the view of the famous jurists who do not consider the will to reform as a condition of reference, has examined the content of verses 228, 229, and 231 of Surah Al-Baqarah and has reviewed various views about them, and finally, the existence of this condition considers it necessary for reference.
کلیدواژهها [English]