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Title

A RESEARCH ON ARTICLE 1103 OF CIVIL LAW RESPONSIBILITY OF THE MARRIED COUPLE IN TREATING EACH OTHER IN GOOD TEMPER

Pages

 Start Page 7 | End Page 46

Abstract

 There is no doubt that firmness of any family, firstly, depends on the presence of GOOD TEMPER in conversation the couple made. Although this could be verified rationally, canon guidance is also determining and it has revealed the issue’s vague points. The civil law legislator, inspired by jurisprudence sources in ARTICLE 1103, has emphasized the matter: “the couple (wife and husband) are responsible for treating each other in good nature. “ The present study, after investigating into the most important jurisprudence sources (Scripture and Tradition) and enumerating some recognized examples of GOOD TEMPER, has concluded that the mentioned GOOD TEMPER in the holy verse: (And Live with them honorably) is a bilateral social concept that each of couple must be obliged to it. Any deed, recognized by reason and tradition of the society, is considered as an example of GOOD TEMPER as well. From the legal perspective, the instruction of GOOD TEMPER, inserted in ARTICLE 1103, cannot be merely an ethical instruction without BEING PROTECTED BY SANCTIONS. Legislator should try to enact binding laws through getting knowledge about ethical principles and extracting them from the bottom of Scripture and Tradition and tradition of the Islamic society.

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