Re-examination of juridical-legal foundations of urgency and delay in applying the option of marriage dissolution (Article 1131 of the Civil Code)

Articles in Press

Document Type : Original Article

Authors

• Mahdi Miri ¹
• Farzaneh Karami ²
• Gholamreza Yazdani ³

¹ Doctoral student of Razavi University of Islamic Sciences

² Graduated from the fourth level of Khorasan Razavi College of Science, Mashhad, Iran

³ Associate Professor of Razavi University of Islamic Sciences

10.22067/jfiqh.2024.83850.1624

Abstract

The attitude of the famous saying about the urgency of the option of annulment in the marriage contract is accepted by most of the Imami jurists and jurists and famous Sunnis, but some of the later jurists tend to disagree. The documents and the foundations of the famous saying have been criticized and it seems that this attitude does not have the necessary strength. In this research, relying on the analytical-descriptive method, a new approach and in accordance with today's standards and criteria has been presented regarding the urgency and expediency in exercising the option of annulment of marriage. . In this case, Zulkhiyar should pay attention to the conditions for terakhi in the termination of the marriage contract. These terms and conditions include having valid reasons for the delay, no negative impact of the delay on the rights of the husband and wife, and no unacceptable delay. In justifying the permissibility of Tarakhi, the bases are mentioned, such as: the wisdom of the legislation on the option of termination, reference to the will of Dhul-Khiyar, the necessity of the nature of the marriage contract and the strength of the family system, the harmful effects and consequences of accepting the attitude of urgency, and the interpretation of the traditions of the Ahl al-Bayt, peace be upon them.

Keywords

• Urgency
• tarakhi
• annulment of marriage contract
• Islamic jurisprudence
• strength of family system

Main Subjects

• Jurisprudence and family law

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