A legal and Jurisprudential Study of the Role of Emotional Divorce in the Decline of Couple’s Marital StatusLegal jurisprudential study of the role of emotional divorce in the decline of the decline of the couple
Emotional divorce, according to psychologists, is an undeclared separation that results in vanishing the sexual pleasure from each other because of the rupture of the couple’s emotional relationship. This type of divorce is not officially recognized in jurisprudence and law, but jurisprudential and legal laws may give some insights about it. From the jurisprudential point of view on adultery, a married man (moḥṣin) is the man who is married and a married woman (moḥṣina) is the woman who is married, subject to sexual pleasure between them. Article 227 of the Penal Code, by prescribing this criterion, refers to some examples of marriage rupture that are not possible in the case of their existence. The present research is intended to investigate the role of emotional divorce in the decline of the state of being married (iḥṣān). It is assumed that emotional separation is an example of the fall of the state of being married that can play a role in determining the verdict.
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