نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشیار فلسفه و کلام اسلامی، پژوهشگاه علوم اسلامی امام صادق (ع)، قم، ایران
2 استادیار فقه و حقوق، پژوهشگاه علوم اسلامی امام صادق (ع)، قم، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
The background of the research on the ruler's divorce goes back to the jurisprudential book al-Moghnaah by Sheikh Mofid. Among the problems of today's society is the increase in the number of wives turning to the ruler for divorce petitions, a problem that is caused by the reduction of the wife's tolerance of the hardships of life. According to narrations, divorce is the most hated divine law and also a threat to the existence of the family. The theory of "Wife's Pervasive Distress and Constriction" aims to limit this social problem to specific examples that have not been considered in current research studies. From the point of view of jurisprudence and civil law, divorce is firstly and independently the right of the husband, but in cases where the wife is in severe distress and the husband refuses to have good company or divorce her, or divorce is impossible on his part, the ruler takes charge of the divorce. Therefore, the main question of our research is: What is the theory of "Wife's Pervasive Distress and Constriction" in the ruler's divorce from the point of view of jurisprudence and civil law? The method of this research is descriptive and analytical. The findings of the paper show that according to some verses of the Holy Quran as well as authentic narrations and other reasons, the two concepts of "mis-association" and "harmful retention" are related to the ruler's divorce, and the right of the wife to refer to the ruler is reserved for the time of pervasive (severe) distress and constriction
کلیدواژهها [English]
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