نوع مقاله : مقاله پژوهشی
نویسنده
استادیار، گروه حقوق، دانشگاه آزاد اسلامی، واحد انزلی، انزلی، ایران.
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
Clarification in divorce is one of the conditions mentioned by famous Imami jurists regarding divorce, i.e. if divorce has been read with sarcastic words that are not specific to divorce, divorce will not take place and such a divorce is invalid, and it is believed that the reason for this is the hadiths and consensus of the sect. On the other hand, another group of jurists including Faiz Kashani consider the occurrence of divorce with non-specific words to be correct by referring to the hadiths and believe that whoever intends to divorce can do so with any words. The present research analyzes and reviews famous evidences by referring to jurisprudential sources and the jurists’ opinions, and by preferring the non-famous point of view, it comes to the conclusion that the opinion of the non-famous group is more correct, because it seems that it does not matter how divorce is expressed, but what it matters is the intention of divorce, and if the couple expresses the intention of divorce with indirect and sarcastic words like I hate you, or the authority is in your hands, etc., while having the intention of divorce, the divorce will take place.
کلیدواژهها [English]
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