جستجوی مقالات مرتبط با کلیدواژه « عرف » در نشریات گروه « روانشناسی »

The aim of this study was to identify the effect of time and place on the allocation of divorce rights by descriptive-analytical method. The issue of equality between men and women in the right to dissolve marriage, as well as its conclusion in terms of Islamic jurisprudence and law, has long been raised among Muslim thinkers; But the objections and protests have never been as high as they are now, the emergence of civil movements and human rights activists and the increasing awareness of women about their rights have caused these issues to be raised more seriously and jurists and legislators of Islamic countries look at the issue from new horizons. The findings show: The study of the role of custom in allocating the right to divorce is one of the important issues in the field of jurisprudence dynamics and without a doubt the role of custom of time and place is one of the important issues in this regard. Assigning the right to divorce to a man is one of the matters that is not explicitly mentioned in the Qur'an and does not deprive the wife of this right. A historical study of the status of women in the time of ignorance and the view that the Arabs had of women and the types of divorces in that day, by examining different temporal and spatial customs, customs and religious imitations, is ordered to divorce the wife. 

This article analyzes a lesser-known rule in the Islamic jurisprudence entitled“The necessity of behaving reasonably in marital relationship”. According to the rule, the mutual legal relationship between wife and husband must be based on the current rational custom of Islamic society. In other words, in addition to what holy Qur’an says, the manner of the Prophet Mohammad, and infallible Imams, new rational customs can and must play decisive role in determining the framework of Islamic family law, as far as they have not been rejected explicitly or implicitly in Islamic teachings. In this way the examples of customary and reasonable behavior may vary from time to time, place to place and from one culture and civilization to another. Due to the generality of the evidence supporting the rule from the Holy Qur’an, narrations (ahadith) and jurists’ reliance upon the ruling in different cases, the article tries to strengthen and develop the rule and shed light on its implementation in areas like management of the family, sexual relationship, financial issues, residency and decision about reproduction.