نوع مقاله : مقاله پژوهشی
نویسنده
استادیار گروه فقه و مبانی حقوق اسلامی دانشکده علوم انسانی دانشگاه سمنان
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
The divorce is a unilateral obligation that exists by independent will of
husband, but it does not mean that he can injury to the wife, by exert his
right.
In this essay we believe that if using of this right culminated in incurring
of wife, the husband must redress it. In the direction of analysis of the
fundaments of this subject, we study the content of 11th article of the
abrogated family protection code and propose that its purport should be
passed again, because it is not irreligious but it is very justly, useful and
effective on decreasing of the disadvantages of the divorce. According to that
article, the judge can bind every one of husband and wife to redress the
damage of the other one by pay allowance on the condition that he was not
guilty in divorce.
کلیدواژهها [English]
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