1
Department of Jurisprudence and Fundamentals of Islamic Law, Na.C., Islamic Azad University, Najafabad, Iran.
2
Department of Law, Na.C., Islamic Azad University, Najafabad, Iran.
10.22034/ejs.2026.471187.1903
Abstract
Background and Aims:In Islam, the spirit governing the family laws always emphasizes the integrity and continuity of this sacred institution, and when couples decide to separate from each other, the spirit governing the divorce laws still seeks to prevent further harm in individual and social dimensions. To address the discussion of the spirit governing the family system, the present study examines divorce instead, relying on the spirit of the law. Materials and Methods: The method of this article is analytical and descriptive, and the research tool is library. Ethical Considerations: In writing this article, the ethical principles of article writing and confidentiality have been observed. Findings: Divorce in exchange means that the couple decides to divorce despite a moral understanding, whereby the wife requests the husband to issue a divorce and release her in exchange for payment of compensation. The title of this type of divorce is "divorce in exchange or ransom divorce or ransom divorce". In this type of divorce, there is no aversion between the couple, but with the emergence of some new circumstances in their common life, the continuation of life for the husband and wife is not possible. Result: The lawgiver in expressing the rulings and the legislator in enacting the laws, especially the rulings and laws related to the family and marital relations, have the true intention, purpose, and goal, which is to observe expediency and justice. In other words, the same spirit of the law, which is the driving force of the legislator and the main guide, which is hidden behind the words and is known with the help of reason and experience.
Alaeefaradanbeh,R. , Tabatabaei,S. and Mahdavi,S. H. (2025). Examining Divorce Instead of Relying on the Spirit of the Law. Strategic Studies of Jurisprudence and Law, 7(5), 251-295. doi: 10.22034/ejs.2026.471187.1903
MLA
Alaeefaradanbeh,R. , , Tabatabaei,S. , and Mahdavi,S. H. . "Examining Divorce Instead of Relying on the Spirit of the Law", Strategic Studies of Jurisprudence and Law, 7, 5, 2025, 251-295. doi: 10.22034/ejs.2026.471187.1903
HARVARD
Alaeefaradanbeh R., Tabatabaei S., Mahdavi S. H. (2025). 'Examining Divorce Instead of Relying on the Spirit of the Law', Strategic Studies of Jurisprudence and Law, 7(5), pp. 251-295. doi: 10.22034/ejs.2026.471187.1903
CHICAGO
R. Alaeefaradanbeh, S. Tabatabaei and S. H. Mahdavi, "Examining Divorce Instead of Relying on the Spirit of the Law," Strategic Studies of Jurisprudence and Law, 7 5 (2025): 251-295, doi: 10.22034/ejs.2026.471187.1903
VANCOUVER
Alaeefaradanbeh R., Tabatabaei S., Mahdavi S. H. Examining Divorce Instead of Relying on the Spirit of the Law. SSJL, 2025; 7(5): 251-295. doi: 10.22034/ejs.2026.471187.1903
