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The Rule flow of "Law Waiver" in Misyar Marriage and investigating its Obstacles

Author Affiliations

  • 1Department of Islamic Jurisprudence and law, Tehran Science and Research Branch, Islamic Azad University, Tehran, IRAN

Res. J. Recent Sci., Volume 3, Issue (7), Pages 118-122, July,2 (2014)

Abstract

Marriage Misyar the conjugal that terms compromise parties,wife is cannibalized to often during the marriage, right to alimony and the Mbyt and in front of man is cannibalized also the right to prevent of employment and leaving the wife of the home and couples reciprocally is cannibalized to inheritance rights the syntax of act condition. Cannibalized the rights based on the principle of jurisprudence is "Cannibalized Right“ that based on any entitled can be cannibalized the legal been applied for observance his status. But according to some cannibalized rights couples is faced with barrier "cannibalized right before the creation." because time marriage it is not obligatory such legal and cannibalized the destruction impossible and unthinkable rationally. Whereas it is not a barrier for flow rule cannibalized right. Because in Misyar marriage origination cannibalized is done at the time of concluding but origin its effect is realized at the time of creating the right and this separation between theme and origination it is conceivable credit affairs. On the other condition cannibalized rights couples is not contrary with due the nature of concluding but only would hesitate circle the applicable Concluding and not encountered with problems in this respect. Cannibalized rights couples does not oppose with sharia because what is unlawfulis cannibalized assignment and with cannibalized of rights couples by entitled, not remain thematic for task opponent in fact, task remains no subject and in this sense is without bug. So flow rule waiver at Misyar marriage practically is not faced with barrier indeed most of the contemporary jurists have chosen this comment and have legitimized Cannibalized rights couples.

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