Document Type : Original Article
Authors
1
PhD student in Fiqh and Fundamentals of Islamic Law, Hamedan Branch, Islamic Azad University, Hamedan, Iran.
2
Assistant Professor, Fiqh and Fundamentals of Islamic Law Department, Hamedan Branch, Islamic Azad University, Hamedan, Iran (corresponding author).
3
Assistant Professor, Department of Theology, Hamedan Branch, Islamic Azad University, Hamedan, Iran.
Abstract
The rule of lahrij is one of the secondary titles governing other rules, and it is the solution to many existing problems, especially in the field of family issues. The meaning of choosing this topic is to examine the Qur'anic rule
from the jurisprudential and legal point of view of the rule of laharij regarding wife's grief and a comprehensive and complete look at this rule and its role as a winning weapon in the direction of avoiding problems in the field of divorce. This research, in a descriptive-analytical way, describes and explains the jurisprudential and legal bases of the Asr alHarij rule in the field of divorce; If there is an unbearable hardship for the wife from the implementation of the first rulings, the rule of "divorce if I ask for it" is adjusted. If the husband refuses to pay the wife's rights, the
ruler, after verifying the refusal, will do what is his duty in order to prevent chaos and public order and observe social justice based on the provisions of the rule of "Al-Hakim wali al-Mutna" Asrohraj in civil law has an allegorical aspect and is not limited to specific examples. Determining the examples according to the situation and condition of the wife in the courts is a vital need, and judicial procedure is the most important tool in determining the examples of hardship. Divorce due to hardship has both a legal basis and a Sharia license. Therefore, it is appropriate for the judge to
avoid undue precautions and unnecessary strictness in issuing the divorce decree, taking into account the personal and some kind of embarrassment in the judicial divorce, as soon as he receives the wife's distress.
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