نوع مقاله : مقاله پژوهشی
نویسنده
پژوهشگر حوزوی، مدرس، دکترای فقه و مبانی حقوق اسلامی از دانشگاه تهران، تهران، ایران.
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
One of the conditions that have become common in marriage today is the condition of the wife's representation in her divorce in some cases or even in absolute form. This condition has not been dealt with in the books of the past, although the validity of the wife's representation in divorce has a history and has had supporters and opponents. This paper, while looking for the history of this issue and its evolution, has criticized and examined the legitimacy of the mentioned condition and it shows that the incorrect justification of the views of jurists such as Sheikh Tusi, who considered the wife's power of representation in divorce to be invalid, provided the context for changing the course of the debate and neglecting the requirements of some narratives that absolutely introduce the condition of handing over the power of divorce to the wife by the husband as invalid. In addition, by clearing some ambiguities, and clarifying the difference between Towkil (make someone as representative) and Toliyat (to give someone authority), and responding to the notion of considering the meaning of narratives to titles such as Takhyeer and Toliyat, or the case of depriving the spouse of the right to divorce, it is proved that conditional representation at the time of necessary contract that the husband is not able to abolish is one of the clear examples of this condition being as invalid.
کلیدواژهها [English]
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