1
Associate Professor, Farabi College, Tehran University (ahangaran@ut.ac.ir).
2
M.A. in Jurisprudence and Foundations of Islamic Law.
Abstract
According to the single clause bill of the amendments to divorce law enacted in 1371, to pronounce a divorce formula (whether it is requested by husband or it is based on mutual agreement), a certification should be received from the court according to incompatibility. The court issues such a certification based on the opinions of arbitrators. In this article, the verse 35 of the Chapter al-Nisa has been referred to. If the exegetical and juridical issues put forth about this verse are taken into account, then it may be said that, in formulating the above article, the legislator has accepted the well-known opinion of the jurists according to which, in family claims, there is no need to observe formalities, arbitrators should be chosen, the scope of their tasks should be specified, and absence of spouses has no impact on the ratification of the verdict of arbitrators. Concerning issues such as choosing arbitrators from among relatives of spouses (whether it is necessary or not), conditions of arbitrators and necessity of payment to them, requirements of the age and interests of the society have been taken into account, in addition to the well-known opinion of jurists.
Ahangaran,M. R. and Naqqashzadeh,Z. (2014). A Juridical Re-Study on the Single Clause Bill of the Amendments to Divorce Law (Enacted in 1371) Based on the Verse 35 of the Chapter al-Nisa. Quran, Islamic Jurisprudence and Law, 1(1), 191-220.
MLA
Ahangaran,M. R. , and Naqqashzadeh,Z. . "A Juridical Re-Study on the Single Clause Bill of the Amendments to Divorce Law (Enacted in 1371) Based on the Verse 35 of the Chapter al-Nisa", Quran, Islamic Jurisprudence and Law, 1, 1, 2014, 191-220.
HARVARD
Ahangaran M. R., Naqqashzadeh Z. (2014). 'A Juridical Re-Study on the Single Clause Bill of the Amendments to Divorce Law (Enacted in 1371) Based on the Verse 35 of the Chapter al-Nisa', Quran, Islamic Jurisprudence and Law, 1(1), pp. 191-220.
CHICAGO
M. R. Ahangaran and Z. Naqqashzadeh, "A Juridical Re-Study on the Single Clause Bill of the Amendments to Divorce Law (Enacted in 1371) Based on the Verse 35 of the Chapter al-Nisa," Quran, Islamic Jurisprudence and Law, 1 1 (2014): 191-220,
VANCOUVER
Ahangaran M. R., Naqqashzadeh Z. A Juridical Re-Study on the Single Clause Bill of the Amendments to Divorce Law (Enacted in 1371) Based on the Verse 35 of the Chapter al-Nisa. Quran, Islamic Jurisprudence and Law, 2014; 1(1): 191-220.
