نوع مقاله : مقاله پژوهشی
نویسنده
دانشیار دانشگاه آزاد اسلامی، واحد شهرری،گروه فقه و حقوق، تهران، ایران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
One of the reasons for separation of couples is “expropriation”,
which happens when the wife gives some property to the husband
because of dissatisfaction to get separated from him.
The question is that, whether in such case it is a religious duty for
husband to comply with the condition of releasing his wife? And
whether this separation should be done by court? And finally,
whether the separation is automatically done after the parties agreed
on the property should be exchanged or it is necessary to read
divorce sermon?
Jurists didn’t pay much attention to the first question and about the
second one, the popular opinion is that it is not necessary to go to
the court. And in antecedent jurists’ opinion about the third
question, it is not necessary to read divorce sermon and most recent
jurists believe it is necessary. Here the assumption of the need to go
to court and no need to read divorce sermon is proved.
کلیدواژهها [English]
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