نوع مقاله : مقاله مروری
نویسنده
پژوهشکده فقه و علوم انسانی، موسسه آموزش عالی حوزوی امام رضا علیهالسلام، قم، ایران.
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
Context & Objective: Islamic family law jurisprudence is based on foundational propositions that guide the development of legal norms in matters of spousal relations. The Qur’anic text, particularly Sūrat al-Aḥzāb, plays a significant role in shaping these principles. This study seeks to identify and formulate the jurisprudential rules derived from this surah, examining their role in classical Islamic legal theory and their reflection in contemporary statutory frameworks. The central question is how Sūrat al-Aḥzāb provides a jurisprudential basis for regulating marital relations within both traditional and modern legal systems.
Method & Approach: This research employs a doctrinal method with an analytical approach, focusing on textual interpretation of verses from Sūrat al-Aḥzāb. Authoritative juristic sources are examined to support the interpretive conclusions, and jurisprudential rules are extracted through systematic reasoning (istinbāṭ al-aḥkām). The study also conducts a comparative legal analysis to trace the manifestation of these rules within the Iranian Civil Code, highlighting the continuity and transformation of Islamic legal norms in a modern legal context.
Findings: The analysis identifies four core jurisprudential rules grounded in Sūrat al-Aḥzāb: (1) the wife's lack of unilateral authority to dissolve the marriage except in defined cases [ʿadamُ t̤akhyīrِ az-zawjah fī inḥilālِ an-nikāḥِ binafsihā illā fī mawārid khaṣṣah]; (2) the requirement for a divorce to be conducted in a fair and graceful manner [sirāḥun jamīl]; (3) the permissibility of a permanent marriage contract without stipulating a dowry [ʿadamُ ishtirāṭِ wujūdِ al-mahrِ fī al-ʿaqdِ ad-dāʾim]; and (4) the obligation of justice in the division of marital rights among multiple wives [wujūbُ al-ʿadlِ fī al-qismِ bayna az-zawjāt]. These rules are not only embedded in the Qur’anic text but are also substantiated by juristic consensus and interpretive tradition across major schools of Islamic law. Their presence in the Iranian Civil Code confirms the active role of Qur’anic jurisprudence in shaping statutory law and guiding judicial decisions in cases where explicit legislation is lacking.
Conclusion: The study demonstrates that the formulation of jurisprudential rules based on Sūrat al-Aḥzāb contributes to the systematic development of Islamic family law. By connecting traditional exegesis with the structural requirements of contemporary legal systems, particularly in the context of Iranian legislation, these rules serve both doctrinal and practical functions. Their codification fosters legal coherence and offers a basis for judicial consistency in areas where written statutes may be silent or ambiguous.
کلیدواژهها [English]
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