Document Type : research
Authors
1
PhD student, Department of Fiqh and Fundamentals of Islamic Law, Faculty of Literature and Humanities, North Tehran Branch, Islamic Azad University, Tehran, Iran.
2
professor of the Department of Jurisprudence and Fundamentals of Islamic Law and the Thoughts of Imam Khomeini, Imam Khomeini Research Institute and the Islamic Revolution, Tehran, Iran.
3
Assistant Professor, Department of Fiqh and Fundamentals of Islamic Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran
4
Associate Professor, Faculty of Jurisprudence and Law, Shahid Motahari University, Tehran, Iran
10.22034/ejs.2024.422547.1585
Abstract
Background and Purpose: annulment of marriage is one of the important issues of marriage contract, which has important financial effects and consequences. The purpose of this article is to examine the legal jurisprudence of marriage dissolution and its economic effects.
Materials and Methods: The research method is descriptive and analytical and this research is theoretical. The method that has been used to collect information is library-based and it has been done by referring to international and domestic books, articles and documents.
Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are observed.
Result: Since the sacred law in not interrupting the financial relations of the couple after the dissolution of the marriage, has sought to provide the necessary benefits of the woman. Accordingly The financial relations of the couple are not only not interrupted after the dissolution of the marriage, but the main beneficiary of this survival is the wife, and the holy law has tried to ensure the necessary benefits of the women in not interrupting the financial relations of the couple after the dissolution of the marriage. On the other hand, in the case of annulment of marriage, if the marriage is annulled before intimacy, the woman is not entitled to dowry, except when the marriage is annulled due to adultery, in which case the woman is entitled to half of the dowry.
Conclusion: The lawgiver has not specifically paid the condition of halving property, almsgiving and alms in the dissolution of marriage with dowry, while attention to these important issues from the lawgiver's side is expected by everyone.
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