پژوهشنامه حقوق اسلامی (May 2022)
The Flow of The Usool-based Hokumat Rule and the Survival of the Marital Relationship and Its Effects
Abstract
There are examples in jurisprudential and legal texts in which the divorcees will or the extent of the divorce's effects are limited. The marriage relationship continues after divorce, even though, by law, it should end upon divorce. There are four examples in this regard: "Is it possible to prevent a husband from divorcing his wife by using the "La-zarar" rule or the "La-haraj" rule, or to force the husband to divorce his wife?" Other examples include the continuation of the effects of marriage in the case of a woman who is in the Iddah and inherits her husband when he divorces her of a disease (that leads to his death)".The purpose of this study is to examine whether "Hokumat" complies with the above regulations. Among these examples, the "Hokumat" does not apply to revocable divorce. In the other three cases, however, the conditions of "Hokumat" apply. While the La-Zarar rule takes precedence over the original provisions, it cannot apply to the prohibition of divorce.
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