نوع مقاله : مقاله پژوهشی
نویسنده
جامعة المصطفی
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
From the point of view of Imami jurisprudence, the marriage contract is one of the most necessary contracts, because it cannot be stipulated in it like some other necessary contracts; Rather, the contract is necessary and not optional. Ma'al Wesaf is forcibly dissolved due to cursing, apostasy, illegitimate adoption, or gender change, and it is also voluntarily dissolved due to the termination of divorce or termination of marriage. If the wife is in severe distress during her cohabitation with her husband, she is subject to the rule of negation of distress. The dissolution of marriage is considered in the form of dissolution of marriage; Because this rule, in addition to mandatory rules, includes status rules, including the necessity of marriage. However, the jurists have not accepted the annulment of the marriage by the wife in order to observe caution and to limit the annulment of the marriage to the cases of defects in the text, violation of the terms and conditions, due to hardship. However, this dissolution of marriage is in the form of a judicial divorce, depending on the development of the realm of the rule of negative negation of rulings; Some jurists have accepted it and prescribed divorce ruling regarding the case. According to the opinion of some Sunni scholars, the dissolution of marriage in the case of severe material or spiritual harm to the wife, which is an example of harm, is considered permissible due to judicial separation, which is not necessarily considered a judicial divorce. Some contemporary popular writers have considered this liquidation as an example of the ruler's divorce. The Personal Status Law of Egypt also allows the wife to request a divorce if she claims that the continuation of married life is harmful for her.
کلیدواژهها [English]
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