An Islamic Jurisprudential and Legal Survey of the Nature of Divorce for Consideration

Mafi, Homaun; Farzanegan, Mohammad; Zohori, Somaye

doi:10.30497/law.2019.2379

An Islamic Jurisprudential and Legal Survey of the Nature of Divorce for Consideration

Document Type : Research Article

Authors

¹ Associate Professor, Private Law Department, Faculty of Law and Political Science, University of Judicial Sciences, Iran

² PhD. Candidate of Private Law, Faculty of Law & Political Sciences, University of Mazandaran

10.30497/law.2019.2379

Abstract

Divorce for consideration or divorce for ransom is the same as divorce granted at the woman,s request against compensation and consensual divorce including the divorces that are issued against the payment of property from the woman,s side with this difference that in the divorce granted at the woman,s request against compensation the existence of dislike from the woman side and in the consensual divorce the necessity of mutual dislike of both couples are stipulated. But, in divorce for consideration, the woman under the special conditions may without the existence of dislike against the payment of ransom or property from her husband request for divorce and the release from the tie of marital. On determination of nature of this divorce there are numerous differences between the Islamic jurists and the lawyers as the same of divorce granted at the woman,s request against compensation and consensual divorce. From one side, the Civil Code and Islamic law enumerates the divorce in the class of unilateral obligations, but, from the other side, in this kind of divorce the will of woman in transfer of property will raise the taint of agreement. In this research, after the definition of position of Civil Code in connection with this divorce, we will review the Islamic jurisprudential and legal nature of this divorce and to answer this question that the nature of this divorce such as the divorce granted at the woman,s request against compensation and consensual divorce is irrevocable or is reckoned the same of other revocable kinds of divorce.

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