Jurisprudential study on the non- conditional sentence of husband's permission in Hajj al-Islam
According to the popular view of Imamiyya jurists, a woman who is able to perform Hajj and Islam is obligatory, not only she does not need to her husband's permission, but also she should not obey her husband if her husband doesn't let her to perform Hajj and this issue should be against h...
| Main Authors: | , , |
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| Format: | Article |
| Language: | fas |
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Imam Sadiq University
2020-03-01
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| Series: | فقه و حقوق خانواده |
| Subjects: | |
| Online Access: | https://flj.journals.isu.ac.ir/article_75444_6e4f0d46b0e5681586cc0c447d901286.pdf |
| _version_ | 1831703150519648256 |
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| author | Mohammadreza Kaykha h m m g |
| author_facet | Mohammadreza Kaykha h m m g |
| author_sort | Mohammadreza Kaykha |
| collection | DOAJ |
| description | According to the popular view of Imamiyya jurists, a woman who is able to perform Hajj and Islam is obligatory, not only she does not need to her husband's permission, but also she should not obey her husband if her husband doesn't let her to perform Hajj and this issue should be against her husband rights. The populous view is not necessary to husband's permission in spite of some rights of husband such as necessity of special obedience right. While the Sunni jurists, in such an assumption, believe that the wife cannot afford it and consequently, performing Hajj is not obligatory on her. The citation of Imami jurists is a single piece of news and its meaning is incomplete, according to the findings of this study. This study, which has been done in a descriptive-analytical method, shows that some reflections exist as a manifestation of Bab's argument. As a result of reflection on these arguments, it is not necessary to obey the husband with the assumption of none violating in the rights of the husband. But where performing Hajj requires the violation of the right of obedience of the husband - especially when the husband commits a sin or adultery, the obligation of Hajj on should be considered. |
| first_indexed | 2024-12-20T15:35:29Z |
| format | Article |
| id | doaj.art-6d55621070e647e385620387f433e424 |
| institution | Directory Open Access Journal |
| issn | 2538-5291 2538-5283 |
| language | fas |
| last_indexed | 2024-12-20T15:35:29Z |
| publishDate | 2020-03-01 |
| publisher | Imam Sadiq University |
| record_format | Article |
| series | فقه و حقوق خانواده |
| spelling | doaj.art-6d55621070e647e385620387f433e4242022-12-21T19:35:26ZfasImam Sadiq Universityفقه و حقوق خانواده2538-52912538-52832020-03-01257212114410.30497/flj.2020.238723.154375444Jurisprudential study on the non- conditional sentence of husband's permission in Hajj al-IslamMohammadreza Kaykha0h m1m g2university of Sistan and BaluchestanunhoAccording to the popular view of Imamiyya jurists, a woman who is able to perform Hajj and Islam is obligatory, not only she does not need to her husband's permission, but also she should not obey her husband if her husband doesn't let her to perform Hajj and this issue should be against her husband rights. The populous view is not necessary to husband's permission in spite of some rights of husband such as necessity of special obedience right. While the Sunni jurists, in such an assumption, believe that the wife cannot afford it and consequently, performing Hajj is not obligatory on her. The citation of Imami jurists is a single piece of news and its meaning is incomplete, according to the findings of this study. This study, which has been done in a descriptive-analytical method, shows that some reflections exist as a manifestation of Bab's argument. As a result of reflection on these arguments, it is not necessary to obey the husband with the assumption of none violating in the rights of the husband. But where performing Hajj requires the violation of the right of obedience of the husband - especially when the husband commits a sin or adultery, the obligation of Hajj on should be considered.https://flj.journals.isu.ac.ir/article_75444_6e4f0d46b0e5681586cc0c447d901286.pdfhusband's permissionwife hajj al-islamthe special right of obedience obligationaffordablefamily jurisprudence |
| spellingShingle | Mohammadreza Kaykha h m m g Jurisprudential study on the non- conditional sentence of husband's permission in Hajj al-Islam فقه و حقوق خانواده husband's permission wife hajj al-islam the special right of obedience obligation affordable family jurisprudence |
| title | Jurisprudential study on the non- conditional sentence of husband's permission in Hajj al-Islam |
| title_full | Jurisprudential study on the non- conditional sentence of husband's permission in Hajj al-Islam |
| title_fullStr | Jurisprudential study on the non- conditional sentence of husband's permission in Hajj al-Islam |
| title_full_unstemmed | Jurisprudential study on the non- conditional sentence of husband's permission in Hajj al-Islam |
| title_short | Jurisprudential study on the non- conditional sentence of husband's permission in Hajj al-Islam |
| title_sort | jurisprudential study on the non conditional sentence of husband s permission in hajj al islam |
| topic | husband's permission wife hajj al-islam the special right of obedience obligation affordable family jurisprudence |
| url | https://flj.journals.isu.ac.ir/article_75444_6e4f0d46b0e5681586cc0c447d901286.pdf |
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