Matin Research Journal

Matin Research Journal

Deprivation of women from cohabitation during Idah period as a mechanism to deal with breach of fidelity

Document Type : Original Article

Authors
1 University of Tehran
2 Phd student
Abstract
Among the Shari'a rulings, is the right of a divorcee who wants to return to marriage to live in the place of cohabitation and the sanctity. Except when she commits "obvious prostitution". The meaning of this title, which is also confirmed by common sense, is to have an illicit relationship (adultery), in this research, which was carried out with a descriptive-analytical method and based on library sources, from the point of view of jurisprudence. The findings of the present study show that loyalty to the provisions of the contracts is mandatory for reasons such as the generality of the contract, but the determination of its examples is dependent on common understanding, an understanding that can be derived from various considerations such as reasons for issuing the Sharia law. Since the residence of the divorcee in the place of cohabitation until the end of Idah is to give the husband and wife the opportunity to repair the past marital relationship and lay the groundwork for the couple to return to married life. As a result, the Shariah law allows the expulsion of the divorcee from the place of cohabitation, as an executive guarantee to prevent her from violating loyalty
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