Document Type : Research/Original/Regular

Author

• mohamad hasanzadeh

PhD student in jurisprudence and Islamic law, University of Tehran

Abstract

wife and family; An important principle in the Islamic jurisprudence system, whose effective effects on the society have separated it from other related issues. In the meantime, the process of annulment of marriage or divorce with all its aspects is more important than other issues of this law. Talaq Khula, which today has received many legal appeals in family courts, is subject to substantive analysis due to the widespread prevalence of it in the society. Among the things that can be considered is the meaning of valid disgust in it from the side of the wife. Contrary to the popular opinion and text of the later jurisprudence books as well as the civil law of the Islamic Republic of Iran, what is stated in the narrations and the evidences for the derivation of jurisprudence is not hatred in the literal sense of the unmarried wife's hatred of her husband, and the hatred is not due to the non-observance of marital duties. Also, the non-establishment of divine limits on the part of the wife is a matter of opinion. Since the following analysis is without any research related to its topic, it has shown manifestations of the dynamism and innovation of Jafari's jurisprudence and has opened a new path in relation to the establishment and amendment of civil laws regarding divorce.

Keywords

• Hatred
• divorce
• hating spouses

Main Subjects

• divorce