Divorce of a pregnant woman is on the balance sheet

Articles in Press

Document Type : Original Article

Authors

• mohammad reza elmi sola ¹
• hossein naseri moghaddam ²

¹ Ferdowsi University of Mashad

² master of ferdowsi uni

10.22067/jfiqh.2023.80839.1529

Abstract

According to the jurists, it is generally permissible to divorce a pregnant woman, but there are many differences in its quality and quantity. In this regard, four main theories and some minor theories have been proposed in Imami jurisprudence. The Sadouqans have considered it permissible after three months have passed, regardless of the difference between the Edi and Sunni divorce. Ibn Junayd is of the opinion that Udi's divorce is prohibited for up to one month and he has not objected to it. Sheikh Tusi has absolutely allowed the second divorce of Adi, but has prohibited the second divorce of the bearer according to age. And Ibn Idris, Mohaghegh Hali and most of the later scholars have absolutely allowed the divorce of the carrier and the civil law has also been established based on their opinions. But the main reason for the difference in the sayings is different narrations which, in addition to different degrees of authenticity and reliability, also have different contents. Each of the owners of the four religions has collected these narrations based on his own point of view. The importance of this research is due to the fact that this issue remains neglected in the language of contemporary jurists, as well as the need to explain the basics of civil law. The selected point of view based on the principles and rules and summation of traditions, divorce is permitted only once. The basis of this statement is the easy consideration of the hadiths of the chapter.

Keywords

• Divorce of the carrier
• Divorce of a pregnant woman
• Divorce of Adi and Sani
• civil law
• Happy sayings of the elders

Main Subjects

• Jurisprudence and family law

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