نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشجوی مقطع دکتری رشته حقوق خصوصی، گروه حقوق، دانشگاه علوم اسلامی رضوی.
2 استادیار، گروه فقه و اصول، دانشگاه علوم اسلامی رضوی. مشهد، ایران.
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
In Shia jurisprudence, "ghasm" is one of the rights of the wife in marriage, which has been legislated to ensure fairness between wives in polygamy. There are three different definitions of "ghasm". The first definition of "ghasm" refers to an obligatory right of alimony for the wife. According to the second definition of "ghasm", it refers to "enforcing justice among Wives" and according to the third definition, it refers to "dividing the nights among Wives". The right to "ghasm" established by alimony is not comprehensive, and it is not exclusive. In addition, given that this right to "ghasm" has resulted in "the establishment of justice between the wives", it is permissible to define it in the context of "justice". According to the division of the night, the right to "ghasm" defines itself most accurately, as it corresponds to the nature of the "ghasm" and is free of the shortcomings of the other two definitions. While the definition of the "ghasm" right in Shia's jurisprudence and the special place of this right in stabilizing the relations between spouses in the case of polygamy are fully explained, the reflection of these provisions in family law has been neglected. The current study fills this gap by not only explaining this legal defect, but also proposing a precise definition of the term "ghasm" and several articles in family law to reflect this.
کلیدواژهها [English]
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