Quran and Medicine

Quran and Medicine

Examples of judicial divorce and its cases in the Qur'an, hadiths and Islamic law

Document Type : Original Article

Authors
1 PhD student, Fiqh and Fundamentals of Islamic Law Department, Hamedan Branch, Islamic Azad University, Hamedan, Iran.
2 Assistant Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Hamedan Branch, Islamic Azad University, Hamedan, Iran (corresponding author).
3 Assistant Professor, Department of Theology, Hamedan Branch, Islamic Azad University, Hamedan, Iran.
Abstract
Judicial divorce is a divorce that is done by a judge, not by a couple. The jurisdiction of the judge in the matter of divorce is in cases where the ruler sees the necessary and sufficient reasons and initiates the divorce and dissolution of the marriage, otherwise the divorce will not be realized. If it becomes mandatory for a man to perform a divorce in a definite and voluntary manner, if he refuses, the court will force him to do the obligatory according to the case. If the man still refuses to perform the obligatory, his ruler will make the divorce a reality. This order is based on the rule that the jurists express with the expression "al-hakam wali al-mutana". According to Imamiyyah jurisprudence, in Iranian law, divorce is at the discretion of a man, despite these cases, the civil law provides that a woman can request a divorce from the court, and if the conditions are met, the court can divorce the woman. In this article, we intend to analyze judicial divorce and its cases in jurisprudence and law with a descriptive-analytical method. The main question that is 
raised here is what kind of divorce is this divorce, permanent or retroactive? Or does it have a special nature? The acceptance of each of these cases has different effects, and this issue has caused confusion in the courts of justice. The results of the research indicate that when the husband does not fulfill the wife's obligatory rights and it is not possible to force him to fulfill them, the ruler forces the husband to divorce; And if the husband refuses to divorce, the ruler 
divorces the wife and this divorce is valid according to Sharia law.
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