Separation of Expropriation whitout Necessary to Divorce Sermon

Subject Areas : All jurisprudential issues

Mohammad Jafari Harandi ¹ (Associate Prof. of Islamic Azad University, Shahr-e-Rey Branch, Department of Jurisprudence and Law, Tehran, Iran)

Received: 2014-10-15 Accepted : 2014-10-15 Published : 2012-03-20

Keywords: Expropriation, Separation, Divorce, Property, Duty,

Abstract :

One of the reasons for separation of couples is “expropriation”,which happens when the wife gives some property to the husbandbecause of dissatisfaction to get separated from him.The question is that, whether in such case it is a religious duty forhusband to comply with the condition of releasing his wife? Andwhether this separation should be done by court? And finally,whether the separation is automatically done after the parties agreedon the property should be exchanged or it is necessary to readdivorce sermon?Jurists didn’t pay much attention to the first question and about thesecond one, the popular opinion is that it is not necessary to go tothe court. And in antecedent jurists’ opinion about the thirdquestion, it is not necessary to read divorce sermon and most recentjurists believe it is necessary. Here the assumption of the need to goto court and no need to read divorce sermon is proved.