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The Taste and Purpose of the Sharia in the Decrees Related to Divorce
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Mahmood Akbari *1    , Ahmad Ommi2 , Sajjad Hamidvand3 |
1- The Responsible Author and Assistant Professor of The Department of Law, Ayatollah Boroujrdi University, Boroujrd, Iran.
2- Assistant Professor, Department of Private Law, Azad University, South Tehran Branch, Tehran, Iran.
3- Graduated from Master's degree, Figh and Fundamentals of Islamic Law, Ayatollah Boroujrdi University, Boroujrd, Iran. |
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Abstract: (380 Views) |
The religion of Mobin Islam has a lot of emphasis on the formation of the sacred institution of the family and the regulation of the relationships of the family members and on the other hand to prevent its collapse. Therefore, the Shariah taste in the field of divorce is a recommendation to continue life and avoid divorce. The purpose of this research is to investigate the taste and purpose of Sharia in the decrees related to divorce, the research method is descriptive-analytical and information was collected using the library method. The important topics of family law are discussed in the jurisprudential discussions of divorce, which are divided into several categories, and this division is exactly repeated in the civil laws. The taste and purpose of the Sharia is based on the decrees related to divorce, that although divorce is halal, it is known as an abominable thing. The traditions show that divorce is abominable and condemned in the eyes of God. If there were not many hadiths about the permissibility of divorce, some of these hadiths would have even used the sanctity of divorce. Anyway, what comes to mind from the spirit of these traditions is the prohibition and opposition to divorce. In other words, divorce should not take place as far as possible. However, if necessary and there is difficulty and embarrassment in married life, the ruler can issue a decree of divorce. Therefore, when family problems arise, the first step is compromise between the spouses, because the taste of Sharia is compatible with compromise and understanding. and in the second step, if no compromise is reached between the parties, the issue of divorce is raised, therefore it is permissible to try not to divorce as long as there is a possibility of compromise.
- Akbari, M., Ommi, H., Hamidvand, S. (2024). The Taste and Purpose of the Sharia in the Decrees Related to Divorce, Journal of Legal Philosophy Studies, 2(1), 51-71.
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| Keywords: Taste and Purpose of Sharia, Divorce, Philosophy of Judgment |
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Full-Text [PDF 675 kb]
(288 Downloads)
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Type of Study: Research |
Received: 2024/03/29 | Accepted: 2024/06/2 | Published: 2024/06/5
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