A Review of the Quranic Verses' Implication for Stipulating the Right to Revoke in Revocable Divorce with the Intention to Correct Behavior

Dehqan، Ja&#039;fari, Ali،Mostafa

A Review of the Quranic Verses' Implication for Stipulating the Right to Revoke in Revocable Divorce with the Intention to Correct Behavior

Document Type : Original Article

Author

Ali،Mostafa Dehqan، Ja'fari

The professor of Seminary school, PhD student, Islamic Jurisprudence and Principles of Law, College of Farabi, University of Tehran (dehghan.mostafa@ut.ac.ir). Assistant professor, Farabi Department of Tehran University, corresponding

Abstract

The verse 228 of the Surah Al-Baqarah points to the issue of revocable divorce and the right of the husband to revoke her wife. It is the most important evidence for the right of the husband to return to his wife in revocable divorce. The aforementioned verse stipulates the right of husband to revoke with the intention to correct his behavior. In addition, the verses such as 229 and 231 of the same surah imply that the husband is assigned with the duty to have a good conduct (Imsākun bi maʻrūf wa tasriḥun bi iḥsān) with her wife after the revocable divorce. However, the famous jurisprudents have not mentioned such a condition. Therefore, even if it is ascertained that the husband has the intention to hurt his wife, he has the right to revoke. The present article studies the theme of the aforementioned verses from a jurisprudential perspective and reviews different views about them. In the view of the author, it is understood from these verses that the husband has the right to revoke her wife in revocable divorce provided that he has the intention to correct his behavior. Otherwise, the husband has no right to revoke and the evidences raised for waiving this matter may be rejected.

Keywords

Revocable Divorce

Right to Revoke

Intention to Correct Behavior