An Islamic Jurisprudential and Legal Analysis of a Married Couple’s Disagreement over Home Furnishings
One of the most important discussions in financial relations between the husband and the wife is their ownership of home furnishings. In the course of married life, the couple possess the property placed in their home and this common possession arises fromtheir dwelling in single house. Thus, the co...
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| Format: | Article |
| Language: | fas |
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Imam Sadiq University
2022-03-01
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| Series: | فقه و حقوق خانواده |
| Subjects: | |
| Online Access: | https://flj.journals.isu.ac.ir/article_62031_427cb0dbbe914013460f5441e4d2bfdf.pdf |
| _version_ | 1819008788241317888 |
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| author | homayun mafi somayeh zohori Mohammad farzanegan |
| author_facet | homayun mafi somayeh zohori Mohammad farzanegan |
| author_sort | homayun mafi |
| collection | DOAJ |
| description | One of the most important discussions in financial relations between the husband and the wife is their ownership of home furnishings. In the course of married life, the couple possess the property placed in their home and this common possession arises fromtheir dwelling in single house. Thus, the couple faces problems when discerning of owner and determining the ownership of property. The important issue that the present article also addresses is that in case of a couple’s disagreement over home furnishings to whom does these furnishings belong? Different views have been expressed by Islamic jurists and legal scholars concerning this issue. It seems that the root of these differences in their views are to be searched in entered news and different understanding of possession rule and local usage. This research with due attention to the famous Islamic jurists, opinion, statute and existing usage in the community draw conclusion that in the issue of couple dispute on the furniture one should judge the ownership of each of them regarding the private use of property and concerning the common property the concentration first should be paid to the community usage on the dowry of women and in absence of usage one should judge the equality of couple in ownership. |
| first_indexed | 2024-12-21T00:46:02Z |
| format | Article |
| id | doaj.art-fa43cd6045fb4d1d824cfa1ea880a8c2 |
| institution | Directory Open Access Journal |
| issn | 2538-5291 2538-5283 |
| language | fas |
| last_indexed | 2024-12-21T00:46:02Z |
| publishDate | 2022-03-01 |
| publisher | Imam Sadiq University |
| record_format | Article |
| series | فقه و حقوق خانواده |
| spelling | doaj.art-fa43cd6045fb4d1d824cfa1ea880a8c22022-12-21T19:21:31ZfasImam Sadiq Universityفقه و حقوق خانواده2538-52912538-52832022-03-0121658310610.30497/flj.2022.6203162031An Islamic Jurisprudential and Legal Analysis of a Married Couple’s Disagreement over Home Furnishingshomayun mafi0somayeh zohori1Mohammad farzanegan2دانشیار دانشگاه علوم قضایی و خدمات اداریدانشجوی دکتری حقوق خصوصی دانشگاه مازندراندانشجوی دکترای حقوق خصوصی دانشگاه مازندرانOne of the most important discussions in financial relations between the husband and the wife is their ownership of home furnishings. In the course of married life, the couple possess the property placed in their home and this common possession arises fromtheir dwelling in single house. Thus, the couple faces problems when discerning of owner and determining the ownership of property. The important issue that the present article also addresses is that in case of a couple’s disagreement over home furnishings to whom does these furnishings belong? Different views have been expressed by Islamic jurists and legal scholars concerning this issue. It seems that the root of these differences in their views are to be searched in entered news and different understanding of possession rule and local usage. This research with due attention to the famous Islamic jurists, opinion, statute and existing usage in the community draw conclusion that in the issue of couple dispute on the furniture one should judge the ownership of each of them regarding the private use of property and concerning the common property the concentration first should be paid to the community usage on the dowry of women and in absence of usage one should judge the equality of couple in ownership.https://flj.journals.isu.ac.ir/article_62031_427cb0dbbe914013460f5441e4d2bfdf.pdfhome furnishingspropertydowrycouple disputeownership |
| spellingShingle | homayun mafi somayeh zohori Mohammad farzanegan An Islamic Jurisprudential and Legal Analysis of a Married Couple’s Disagreement over Home Furnishings فقه و حقوق خانواده home furnishings property dowry couple dispute ownership |
| title | An Islamic Jurisprudential and Legal Analysis of a Married Couple’s Disagreement over Home Furnishings |
| title_full | An Islamic Jurisprudential and Legal Analysis of a Married Couple’s Disagreement over Home Furnishings |
| title_fullStr | An Islamic Jurisprudential and Legal Analysis of a Married Couple’s Disagreement over Home Furnishings |
| title_full_unstemmed | An Islamic Jurisprudential and Legal Analysis of a Married Couple’s Disagreement over Home Furnishings |
| title_short | An Islamic Jurisprudential and Legal Analysis of a Married Couple’s Disagreement over Home Furnishings |
| title_sort | islamic jurisprudential and legal analysis of a married couple s disagreement over home furnishings |
| topic | home furnishings property dowry couple dispute ownership |
| url | https://flj.journals.isu.ac.ir/article_62031_427cb0dbbe914013460f5441e4d2bfdf.pdf |
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