Paper Information

Journal:   FAMILY LAW AND JURISPRUDENCE (NEDAYE SADIQ)   SPRING-SUMMER 2016 , Volume 21 , Number 64; Page(s) 109 To 126.
 
Paper: 

A GLANCE AT THE QURANIC PRINCIPLES CONCERNING THE HUSBAND’S OBLIGATION IN DIVORCE

 
 
Author(s):  JAFARZADEH KOCHAKI ALIREZA*
 
* DEPARTMENT OF JURISPRUDENCE AND LAW, PAYAM-E NOOR UNIVERSITY, IRAN
 
Abstract: 

Based on Quranic verses related to divorce and in accordance with Islamic jurisprudence and Article 1133 of the Civil Law, divorce is the husband’s right. However, the husband is obliged to choose one of two ways; meaning that he can fulfill all of his matrimonial obligations to the best of his ability or he can cancel the marriage, separate from wife with beneficence and kindness and pay those anticipated legal rights to her.
No other way exist for him not to fulfill his duties and not to give the woman a divorce.
The present paper, while analyzing the various dimensions of the husband’s obligation to divorce, seeks to answer this fundamental question that in difficult and unbearable conditions of family life for the wife, what way exists for her to be redeemed and on what Quranic principles is it based? In the present paper taking into consideration the Quranic and jurisprudential teachings, the necessity for the husband to divorce will be scrutinized. The results show that although divorce is the right of husband, yet this primary verdict depends on fulfillment of wife’s rights; otherwise the husband is obliged to divorce.

 
Keyword(s): OBLIGATION OF THE HUSBAND, BENEFICENCE, ACT ACCORDING TO KINDNESS, WIFE’S RIGHTS
 
References: 
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