A Comparative Study of The Khamsah Religions Regarding the Position of La-Haraj Rule in the Issue of Polygamy with a look at the Criminal Law of Iran
Subject Areas : Jurisprudence and Criminal Law Doctrines
amin ghasemifar
1
(PhD student, Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Theology and Islamic Studies, Islamic Azad University, Mashhad Branch, Mashhad, Iran.)
Mohsen Razmi
2
(Assistant Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Theology and Islamic Studies, Islamic Azad University, Mashhad Branch, Mashhad, Iran.)
Hosein Ahmari
3
(Associate Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Theology and Islamic Studies, Islamic Azad University, Mashhad Branch, Mashhad, Iran.)
Ahmad fooladian
4
(Assistant Professor, Department of Family Studies, Faculty of Theology and Islamic Studies, Islamic Azad University, Mashhad Branch, Mashhad, Iran.)
Keywords: Polygamy, polygamy in Khamsah religions, La-Haraj and polygamy,
Abstract :
The La-Haraj rule is one of the most advanced jurisprudence rules, which while having reliable narrative and rational foundations, has a wide realm and includes everything from worships to transactions. Polygamy is one of the topics where the use of La-Haraj rule is discussed. The following article deals with this issue that a husband or a wife can refer to the La-Haraj rule and use it or not for the permission of polygamy or divorce. By examining the sources of Imami and Popular jurisprudence, it is found that the La-Haraj rule is a rule based on personal conditions and its examples are inexhaustible and a husband does not need to rely on the aforementioned rule for polygamy. From Imami jurists’ point of view, La-Haraj rule can help wife in obtaining a divorce decree; even though polygamy is permitted by law. Popular jurists are against this attitude. Application of the La-Haraj rule for the wife is clearly reflected in Article 1130 of the Civil Code and its note, and it once again confirms the effectiveness of Iran’s laws from the perspective of Imami jurisprudence.
کتابشناسی
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