نوع مقاله : مقاله پژوهشی
نویسندگان
1 Assistant Professor, Department of Jurisprudence and Islamic Law, Faculty Member, Allameh Tabataba'i University, Tehran, Iran
2 Assistant Professor, Department of Jurisprudence and Islamic Law, Faculty Member of Imam Sadiq University (AS). Women's Campus. Tehran. Iran
چکیده
The issue of a revocable divorced woman leaving the home has always been a challenging topic in the field of Islamic jurisprudence and family law. The present study, with an analytical and comparative approach, delves into the jurisprudential and legal dimensions of this issue, focusing on the Quranic text of Surah al-Ṭalāq. The aforementioned verse, which emphasizes the residence of the divorced woman in her husband's home until the end of the waiting period (ʻIddah), is the main focus of the analysis. Using content analysis, the opinions of various jurists and commentators regarding the divorced woman's leaving the home have been compared and evaluated, and its compatibility with the principles governing family laws has been considered. The findings indicated that jurists and commentators have diverse opinions regarding the permissibility or non-permissibility of a divorced woman leaving the home: "A group that considers the divorced woman's leaving the home absolutely forbidden and another group that considers leaving with the husband's permission permissible." The reasons of the proponents of both views have been comprehensively examined. The interpretative analysis of the first verse of Surah al-Ṭalāq shows that this verse aims to provide peace and comfort for the divorced woman, and therefore, some restrictions have been considered for her leaving the home
کلیدواژهها
- Revocable Divorce
- ʻIddah (Waiting Period)
- The First Verse of Surah al-Ṭalāq
- The Revocable Divorced Woman Leaving the Home
- Verses of Legal Commandments (Ᾱyāt al-Aḥkām)
موضوعات
عنوان مقاله [English]
The Right of a Waiting Period Woman to Leave the Marital Home: A Quranic, Fiqh, and Legal Analysis
نویسندگان [English]
- Fatemeh Fallah Tafti 1
- azam Ghayasi Sani, 2
1 Assistant Professor, Department of Jurisprudence and Islamic Law, Faculty Member, Allameh Tabataba'i University, Tehran, Iran
2 Assistant Professor, Department of Jurisprudence and Islamic Law, Faculty Member of Imam Sadiq University (AS). Women's Campus. Tehran. Iran
چکیده [English]
The issue of a revocable divorced woman leaving the home has always been a challenging topic in the field of Islamic jurisprudence and family law. The present study, with an analytical and comparative approach, delves into the jurisprudential and legal dimensions of this issue, focusing on the Quranic text of Surah al-Ṭalāq. The aforementioned verse, which emphasizes the residence of the divorced woman in her husband's home until the end of the waiting period (ʻIddah), is the main focus of the analysis. Using content analysis, the opinions of various jurists and commentators regarding the divorced woman's leaving the home have been compared and evaluated, and its compatibility with the principles governing family laws has been considered. The findings indicated that jurists and commentators have diverse opinions regarding the permissibility or non-permissibility of a divorced woman leaving the home: "A group that considers the divorced woman's leaving the home absolutely forbidden and another group that considers leaving with the husband's permission permissible." The reasons of the proponents of both views have been comprehensively examined. The interpretative analysis of the first verse of Surah al-Ṭalāq shows that this verse aims to provide peace and comfort for the divorced woman, and therefore, some restrictions have been considered for her leaving the home
کلیدواژهها [English]
- Revocable Divorce
- ʻIddah (Waiting Period)
- The First Verse of Surah al-Ṭalāq
- The Revocable Divorced Woman Leaving the Home
- Verses of Legal Commandments (Ᾱyāt al-Aḥkām)
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