Authors
1
PhD student in Fiqh and Fundamentals of Islamic Law, Isfahan Branch (Khorasgan), Islamic Azad University, Isfahan, Iran.
2
Department of Jurisprudence and Fundamentals of Islamic Law, Ramhormoz Branch, Islamic Azad University, Ramhormoz, Iran.
3
Department of Jurisprudence and Fundamentals of Islamic Law, Isfahan Branch (Khorasgan), Islamic Azad University, Isfahan, Iran.
10.22034/jgeoq.2024.282797.3031
Abstract
In the religion of Islam, the family is the most sacred social institution, and the beginning of the family is permanent marriage, and the most important way to dissolve it is divorce. It is one of the rights and characteristics of the husband and the husband cannot take it away from himself, especially it is not possible to delegate divorce directly or in the form of ownership or otherwise, but the husband can give the wife a rightful power of attorney other than by referring to the ruler of Sharia. Divorce himself. This power of attorney can be absolute or binding. According to Imami jurisprudence, absolute power of attorney is permissible in the divorce of a wife. In the civil law, especially Article 1119, the legislator has accepted the binding aspect of power of attorney. According to Imami jurisprudence, the wife can only represent And the power of attorney from the husband to divorce himself, but the jurists of Ahl-e-Sunnah have accepted the power of attorney in the form of risalah and tawwal and divided the tawwil into tawakil, kheer and tamilik, and the wife can act on her own divorce and if If this proxy is for the sake of choice, the wife must divorce herself three times, and if she divorces herself with one divorce, both her divorce is invalid and the choice is lost. In this article, we have examined the issue of legal representation in the divorce of a wife from
Keywords
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