نوع مقاله : مقاله پژوهشی
نویسنده
استادیار گروه فقه و مبانی حقوق، دانشکده الهیات، دانشگاه حکیم سبزواری، سبزوار، ایران.
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
In Khula, which is a legal solution for dissolving a marriage, the wife is released from the marital bond due to her dislike of her husband in exchange for the money she gives to him. The famous Imamieh jurists and Article 1146 of the Civil Code consider dislike to be a necessary condition for Khula. This research was conducted with the purpose of examining and resolving the ambiguities of this type of divorce and answering the question of whether a woman's request for divorce always means her dislike of her husband or it should be accompanied by the woman's hatred of the husband. The results showed that the famous jurists believe that a woman's request for divorce alone is not a sign of her dislike of her husband. A review of the verses and narratives on divorce in a general sense indicates that the wife's giving of dowry is not a factor in Khula, but rather the wife's absolute dislike is a factor in this type of divorce, and the husband's giving of dowry does not constitute Khula. In addition, the lack of giving it does not prove the invalidity of Khula. Examining the evidence of the jurists indicates that a group of jurists consider inherent dislike as a prerequisite for Khula, while others believe in accidental dislike. Article 1146 of the Civil Code also bases the validity of Khula on two things, which are: having dislike and giving money from the husband to the wife.
کلیدواژهها [English]
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