Document Type : Original Article
Authors
1 Doctorate in jurisprudence and Islamic law, University of Tehran
2 A
Abstract
Khula divorce is considered one of the types of divorce in the Islamic holy law and the legal system of the Islamic Republic. In this divorce, the wife is not satisfied with the continuation of the marriage due to her disgust and hatred of the husband. Therefore, the realization of divorce is based on the woman's hatred of her husband. Therefore, in order to realize such a divorce, it is necessary to correctly recognize the nature of hatred. In this research, an attempt is made to define the accurate and correct concept of disgust and enter it into the field of writing. It is found from the book and tradition that in the nature of disgust, non-observance of conjugal rights by the woman is a criterion, and the word disgust is not mentioned in it.A group of advanced jurists have also expressed the same concept without mentioning the word abhorrence. The second group of jurists have limited themselves to expressing the word disgust, and the third group, in addition to expressing the word disgust, have also mentioned the condition of non-compliance with rights. Therefore, it is possible to justify their words by sticking to the evidence and the appearance of the words of the second and third groups of jurists, otherwise their words will not be correct. But the jurists have made disgust their basis, and by explaining their words, it becomes clear that they have taken the literal meaning of disgust. Therefore, from jurisprudential evidence.
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