Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

A comparative study of three divorces in the single Assembly in the jurisprudence of Islamic religions

Document Type : research

Authors
1 PhD Student in Private Law, Al-Mustafa University, Gorgan Branch, Golestan, Iran.
2 Assistant Professor, Department of Private Law,Gonbad University, Iran:
3 Assistant Professor of private Law, Faculty of Law and political Science University of Paiam noor,Tehran، Iran.
10.22034/ejs.2024.426574.1607
Abstract
Background and Aims: triple divorce in the single parliament is one of the important issues of divorce, the conditions of which have always been the subject of discussion and opinion. The purpose of this article is to examine three divorces in the single assembly with the approach of Islamic jurisprudence.
Materials and Methods: This article is descriptive and analytical. Materials and data are also qualitative and data collection was used in collecting materials and data.
Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are respected.
Findings: Triple divorce means the use of the word divorce by the husband for three times in order to differentiate from the wife. This divorce itself has two modes: First, the husband divorces the wife in three different modes. Another way is to make three divorces in a single parliament. The occurrence of divorce in the first case, is unanimously accepted by the Islamic religions and such a divorce causes sanctity. However, the occurrence of the second case is disputed among the jurists of Islamic religions. The Sunni Republic (the four jurisprudential religions) confirm the occurrence of such a divorce. The famous Imams believe in the non-occurrence and the prevailing view that the majority of Zaydis, some Zaydih, Ibn Ishaq, Ibn Qayyim Jouzi, some Imams and most of the personal status laws of Islamic countries, believe in the occurrence of a divorce.
Conclusion: After examining the reasons for each of the views, it seems that in case of multiple compositions of the word divorce in a parliament, the occurrence of a strong divorce. In addition to the confirmations of the verses, the narrations of the two parties, " The original authorization of divorce", "conciliation" and " facilitation" also indicate the occurrence of a single divorce.
Keywords
Subjects