Check the Usage of Jurisprudential Rules in Family Law
Journal: International Journal of Nations Research (Vol.3, No. 29)Publication Date: 2018.05.21
Authors : Hossein Q. Charkhabi Mohammad Ghodrati;
Page : 75-102
Keywords : Conditions; No Damage; No Critical; Family; Couples;
Abstract
This thread using library method and documents in collecting information, tries using descriptive-analytical method, described main titles and discuss the generalities and then pay to explain the usage of jurisprudential rules no damage, no critical or hardship and conditions, in family. Results expresses it according to rule of thumb marriage contracting parties can put up any condition that not opposed to proper the above contract, in addition marriage contract and according to Smerra's adventure can be considered as a general rule in relations between citizens and we can accept enforce a divorce near the religious ruler by resorting to deny the damages. That's why couple loses to his wife and placed under all circumstances, no damage this way opens up chapter compulsory divorce and on that basis couples are not allowed which to put each other in spite of bottleneck and hardship whenever durability marriage causing severe hardship for woman and the husband does not present who divorces his wife, The woman according to the rule no critical as a secondary rule, can apply divorce from the ruler and the ruler, force the husband to divorce and if husband despite the reign of the ruler refrain from divorce, the ruler of the legal representative of the husband, divorces woman. And observe Islam about women relative to the issue of marriage and their matrimony credit heaven and difference but supervisor does not give him to non-spouse and the heaven similar and equal husband until make her bother and cause an abjection and her suffering.
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Last modified: 2018-09-10 16:06:32