challenge of the nature of judicial divorce with the requirement of referring to the will of amendment

Articles in Press

Document Type : Research Paper

Authors

1 Department of Jurisprudence and Principles of Islamic Law, College of Farabi, University of Tehran, Tehran, Iran.

2 Department of Quranic Sciences and Jurisprudence, Faculty of theology and Islamic studies, University of Shiraz, Shiraz, Iran.

Abstract

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.

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Religious Researches

Articles in Press, Accepted Manuscript
Available Online from 23 January 2024

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History

  • Receive Date: 06 December 2023
  • Revise Date: 23 January 2024
  • Accept Date: 23 January 2024

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