نوع مقاله : علمی- ترویجی
نویسندگان
1 دانشجوی دکتری مطالعات زنان دانشگاه تربیت مدرس
2 استادیار گروه مطالعات زنان دانشگاه تربیت مدرس
3 دانشیار گروه فقه و حقوق اسلامی دانشگاه شهید مطهری
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
In the light of the Holy Quran the present article attempts at explaining the principle of ease as a fundamental element which governs Islamic legislation and it's place as a method which is based on the element of ease and common goodness in Islamic legislation. It also presents a practical pattern of legislation in the domain of family to modify the family law on the basis of ease which is in consistent with sharia law. Hence after explaining the jurisprudential concept of Islamic ease, it's back ground, as the base of legislation in Islamic countries is reviewed as well. With reference to the basic principle of legislation in Iran since the time of constitutional government up to now and the controversies between the present legislation with the basic principle of Imamieh belief and the position of principle of ease in legislating Iran's family law, we can tell that although legislature has not taken into account a clear principle in legislating family law, still in some cases in order to prevent hardship and malicious damage, certain rules are observed.
Laws regarding giving custody to legally qualified parents and marriage license issued to a mature girl without her father's consent and officially recognizing the court of judgment on divorce are examples of this case.
کلیدواژهها [English]
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