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Paper Information

Journal:   FAMILY LAW AND JURISPRUDENCE (NEDAYE SADIQ)   SPRING-SUMMER 2016 , Volume 21 , Number 64; Page(s) 153 To 177.
 
Paper: 

PREVENTIVE MEASURES TO PREVENT THE HUSBAND FROM ABUSING HIS RIGHTS

 
 
Author(s):  NAJJARI MOHAMMAD HASAN, VAZIRIPOUR SHAHNAZ*
 
* DEPARTMENT ISLAMIC LAW AND JURISPRUDENCE TEHRAN UNIVERSITY
 
Abstract: 

In Islam, the husband has been granted some special rights and privileges so that he can perform the duties he has shouldered in the best way. Having some rights and previliges such as ruling over the family, divorce, sometimes husband abuses his position in the family to harm other members; consequently the family is exposed to physical and mental harms. Due to the fair system of Islamic law, one might ask a critical questio that is what preventive measures are proposed to avoid these situations? To answer this question, it is necessary to mention that cases like remuneration, idda, custody of the child and the presence of a resolvent in recurring divorces are considered in Islamic literatures; moreover, cases such as divorce based on the court order, asking the couple to go to a counsellor and getting a certificate from the family counsellor are looked at attentively to avoid abuse of rights by the husband. Anyway, current enforcements are not practically enough and preventive measures hardly found in laws. Therefore, imposing partial limitations on capability of the exercise of rights and highlighting civil and criminal laws is necessary to prevent abuse of the rights by the husband.

 
Keyword(s): ABUSE OF RIGHT, PREVENTION, PRINCIPLE OF NO HARM, HUSBAND RIGHTS, CHAIRMANSHIP OF THE HUSBAND, DIVORCE RIGHT, RIGHT OF REVOCATION
 
 
References: 
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Citations: 
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+ Click to Cite.
APA: Copy

NAJJARI, M., & VAZIRIPOUR, S. (2016). PREVENTIVE MEASURES TO PREVENT THE HUSBAND FROM ABUSING HIS RIGHTS. FAMILY LAW AND JURISPRUDENCE (NEDAYE SADIQ), 21(64), 153-177. https://www.sid.ir/en/journal/ViewPaper.aspx?id=510903



Vancouver: Copy

NAJJARI MOHAMMAD HASAN, VAZIRIPOUR SHAHNAZ. PREVENTIVE MEASURES TO PREVENT THE HUSBAND FROM ABUSING HIS RIGHTS. FAMILY LAW AND JURISPRUDENCE (NEDAYE SADIQ). 2016 [cited 2021July23];21(64):153-177. Available from: https://www.sid.ir/en/journal/ViewPaper.aspx?id=510903



IEEE: Copy

NAJJARI, M., VAZIRIPOUR, S., 2016. PREVENTIVE MEASURES TO PREVENT THE HUSBAND FROM ABUSING HIS RIGHTS. FAMILY LAW AND JURISPRUDENCE (NEDAYE SADIQ), [online] 21(64), pp.153-177. Available: https://www.sid.ir/en/journal/ViewPaper.aspx?id=510903.



 
 
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