The Place for the Right to Swear for the Stabilization of the Family
The nature of the vow is an Islamic strategy for stabilizing relations between spouses and preventing the dissolution of the family institution. Because this right has been legislated for the realization of special wisdoms, for example familiarity, justice, good companionship and tranquility of coup...
| Main Authors: | , |
|---|---|
| Format: | Article |
| Language: | fas |
| Published: |
Imam Sadiq University
2017-05-01
|
| Series: | فقه و حقوق خانواده |
| Subjects: | |
| Online Access: | https://flj.journals.isu.ac.ir/article_63574_3e9e5bab484d8f2007c691f7df44f054.pdf |
| _version_ | 1819008768756678656 |
|---|---|
| author | Kobra PourAbdollah sedighe mohamadhasani |
| author_facet | Kobra PourAbdollah sedighe mohamadhasani |
| author_sort | Kobra PourAbdollah |
| collection | DOAJ |
| description | The nature of the vow is an Islamic strategy for stabilizing relations between spouses and preventing the dissolution of the family institution. Because this right has been legislated for the realization of special wisdoms, for example familiarity, justice, good companionship and tranquility of couples. Studies show that the right to swear has been legislated with the goal of realizing spiritual and emotional affairs in the relations between spouses and the wisdom of legislation in a vow are common between spouses and provides the basic principles of the consolidation of the foundation of the family. Studies show that the right to swear with the goal of realizing spiritual and emotional affairs in the relations of the spouses is organized and its wisdom is coordinated between the couples and provides the basic principles for the consolidation of the family’s foundation. Famous jurists believe that the right to swear is not allocated polygyny and believe that one spouse has this right. Therefore, in monogamous families it is assumed that right to swear will strengthen the family.However, the review of legislative sources suggests that there is a serious legal gap in relation to the right of swear. Therefore, in this article wisdom of legislation in the right of swear and its consequences are examined using the Analytical-Descriptive Method, then for the right to swear in the consolidation of the family is analyzed, and in the end due to the special place for the right to swear in the stabilization of the family, legal proposals based on authentic sources of jurisprudence are presented in order to resolve the legal gap of the right to swear. These suggestions include: anticipation of the ruling governing the implementation of the right to swear, bethinking the couple's refusal to exercise the right to swear as being criminal, and divorce. |
| first_indexed | 2024-12-21T00:45:44Z |
| format | Article |
| id | doaj.art-8115f3a21fbc4d6eb6ff1d77d799ee73 |
| institution | Directory Open Access Journal |
| issn | 2538-5291 2538-5283 |
| language | fas |
| last_indexed | 2024-12-21T00:45:44Z |
| publishDate | 2017-05-01 |
| publisher | Imam Sadiq University |
| record_format | Article |
| series | فقه و حقوق خانواده |
| spelling | doaj.art-8115f3a21fbc4d6eb6ff1d77d799ee732022-12-21T19:21:31ZfasImam Sadiq Universityفقه و حقوق خانواده2538-52912538-52832017-05-012266274910.30497/flj.2017.6357463574The Place for the Right to Swear for the Stabilization of the FamilyKobra PourAbdollah0sedighe mohamadhasani1استادیار گروه فقه و حقوق اسلامی دانشگاه امام صادق7 پردیس خواهران-The nature of the vow is an Islamic strategy for stabilizing relations between spouses and preventing the dissolution of the family institution. Because this right has been legislated for the realization of special wisdoms, for example familiarity, justice, good companionship and tranquility of couples. Studies show that the right to swear has been legislated with the goal of realizing spiritual and emotional affairs in the relations between spouses and the wisdom of legislation in a vow are common between spouses and provides the basic principles of the consolidation of the foundation of the family. Studies show that the right to swear with the goal of realizing spiritual and emotional affairs in the relations of the spouses is organized and its wisdom is coordinated between the couples and provides the basic principles for the consolidation of the family’s foundation. Famous jurists believe that the right to swear is not allocated polygyny and believe that one spouse has this right. Therefore, in monogamous families it is assumed that right to swear will strengthen the family.However, the review of legislative sources suggests that there is a serious legal gap in relation to the right of swear. Therefore, in this article wisdom of legislation in the right of swear and its consequences are examined using the Analytical-Descriptive Method, then for the right to swear in the consolidation of the family is analyzed, and in the end due to the special place for the right to swear in the stabilization of the family, legal proposals based on authentic sources of jurisprudence are presented in order to resolve the legal gap of the right to swear. These suggestions include: anticipation of the ruling governing the implementation of the right to swear, bethinking the couple's refusal to exercise the right to swear as being criminal, and divorce.https://flj.journals.isu.ac.ir/article_63574_3e9e5bab484d8f2007c691f7df44f054.pdfright to swearstabilization of the familyfamiliarityjusticegood companionship |
| spellingShingle | Kobra PourAbdollah sedighe mohamadhasani The Place for the Right to Swear for the Stabilization of the Family فقه و حقوق خانواده right to swear stabilization of the family familiarity justice good companionship |
| title | The Place for the Right to Swear for the Stabilization of the Family |
| title_full | The Place for the Right to Swear for the Stabilization of the Family |
| title_fullStr | The Place for the Right to Swear for the Stabilization of the Family |
| title_full_unstemmed | The Place for the Right to Swear for the Stabilization of the Family |
| title_short | The Place for the Right to Swear for the Stabilization of the Family |
| title_sort | place for the right to swear for the stabilization of the family |
| topic | right to swear stabilization of the family familiarity justice good companionship |
| url | https://flj.journals.isu.ac.ir/article_63574_3e9e5bab484d8f2007c691f7df44f054.pdf |
| work_keys_str_mv | AT kobrapourabdollah theplacefortherighttoswearforthestabilizationofthefamily AT sedighemohamadhasani theplacefortherighttoswearforthestabilizationofthefamily AT kobrapourabdollah placefortherighttoswearforthestabilizationofthefamily AT sedighemohamadhasani placefortherighttoswearforthestabilizationofthefamily |