Financial condition of the marriage in law and Islamic jurisprudence

Year 2015, Volume: 36 Issue: 3, 2883 - 2888, 13.05.2015

Hatam Soltanı , Babak Mohammadrezapour Reza Gheıası Taher Ahmadı

Abstract

Abstract. These days effect of divorce as the most common reason of Dissolution of marriage on financial condition is very important and legislative policy communities cannot be unconcerned. Iranian legislator in order to apply Article 1133 of the Civil Code based on absolute right of men and financial support of the rights of the wife without fault should be concerned as well as it became mandatory that the relevant provisions of the Divorce Reform Act passed in 1992 and then new family law which includes: believes, interim during some maintenance and some other aspects are not mandatory and when required which under the stipulation, the couple agreed like bisection asset condition of parity.The main focus of this study is descriptive – analytical and investigates financial terms of the marriage in the legal system of the Islamic faith in order to help Judges of courts and judicial procedures for performing twelfth principle of constitution law and Iranian Shiite Personal Status Act of 1923, non-compliance with the provisions of a single article. 

Keywords

Iran Law, Islamic jurisprudence, Divorce, Bisection condition of the property

References

• Allameh, Seyed Mehdi, (2008), clauses in contracts null and its impact, The Legal
• Foundation of Mizan, Vol (2) Emami, Seyed Hassan, (1979), Civil Rights, Islamieh publication, Vol. 4 and 5 (6)
• Emami, Seyed Hassan, (2003), Civil Rights, Islamieh publication, Vol. 1 (22)
• Jafari Langrodi, Jafar, Mohammad, (2009), Terminology of law, publishing treasure of knowledge, Vol. 20
• Jurisprudence of judicial voting in legal matters, (2002), Marriage 1, Vice Chancellor for
• Research of the Judiciary, Vol.3 (1) Jurisprudence of judicial voting in legal matters, (2002), marriage 2, Vice Chancellor for
• Research of the Judiciary, Vol. 4 (1) Katozian, Naser, (1997), General rules of contract (contract work),Behnashrt publication, Vol. 3 (1)
• Katozian, Naser, (1998), Preliminary famil law, Yalda publication
• Katozian, Naser, (2011), Family law, Enteshar publication, Vol. 1 and 2 (3), Tehran
• Mohaghegh, Damad., Mostafa, Seyed, (2007), Investigate jurisprudence of family law,
• Marriage and its dissolution, Publication Centre for Islamic Studies, Vol. 16 Motahary, Morteza, (1993), Legal status of women in Islam, Sadra Publication, Vol 17
• Momeni, Abedin, (2009), Law and Comparative Law, Semat publication, Vol. 2
• Mir Dadashi, Seyed Mehdi, (2010), Sunni personal status (divorce, etc.), Khorsandi publication, Vol 1, Tehran
• Najafi, Mohammad Hassan, (2014), Jewelry Alklam, Vol. 27
• Pir Abbasi, Yahya (2005), Contract of marriage, Family Excellence Magazine
• Safaei, Seyed Hassan, (1998), condition of the assets transferred to the female half of the husband's divorce action, Journal of Law and Society, Vol. 1(4
• Safaei, Seyed Hossein, Emami, Assad Allah, Brief Family Law, Mizan Publication, Vol. 14 Shokri, Farideh, (2009), Monthly stipend and its position in the legal system, Law and Family Law Quarterly, Vol (51)
• Figure 1. Legend for figure 1. Figure 2. Legend for figure 2. Table Legend for table 1. Reading 1 Reading 2 Reading 3 Reading 4 Day1 data data data data Day2 data data data data Day3 data data data data Day4 data data data data Figure 3. Legend for figure 3