- Aamili, Muhammad bin Ali Mousavi (1411 AH). The end of al-Maram in a brief summary of the laws of Islam, Vol. 1, Islamic Publications Office affiliated with the Qom Theological Seminary Society of Teachers, first edition. (in Arabic).
- Allameh Hali, Hassan bin Yusuf (1419). The Rules of Commands, Volume 3. Qom: Al-Anshar al-Islami Institute, first edition. (in Arabic).
- Al-Muzaffar, Sheikh Muhammad Reza (1370 AH). Principles of Jurisprudence, Vol. 1, Publications of the Islamic Propagation Office of the Seminary of Qom, Fourth Edition. (in Arabic).
- Dehghan-Nejad, Reza, Mohammadi, Seyyed Sajjad, Pour-Lat-Ollah, Hassan. Re-examination of the Requirements of the Nature of the Marriage Contract from the Perspective of the Jurisprudence of the Parties and Civil Law of Iran. Fiqh, 1397; 25(94): 101-126( in Persian).
- Fayz Kashani (1418 AH). Al-Asfi fi Tafsir al-Quran, vol. 1, Bustan Kitab, second edition. (in Arabic).
- Fazel Moqdad (1373). Kanz al-Irfan, vol. 2, Tehran, Mortazavi, fifth edition. (in Arabic).
- Hosseini Shirazi, Sayyid Sadiq (1425 AH). Al-Ta'liqat ali Sharia' al-Islam, Vol. 1. Qom: Istiqlal, 6th edition. (in Arabic).
- Hurr Ameli, Muhammad bin Hassan (1416 AH). Details of the Shia's Means for Acquiring Sharia Matters, Vol. 21, Qom: Al-Bayt Foundation (peace be upon them) for Revival of Heritage, 3rd edition. (in Arabic).
- Ibn Babawayh, Muhammad bin Ali (Sheikh Saduq) (1413 AH). He who does not attend the jurist. Qom: Islamic Publications Office affiliated with the Qom Seminary Teachers' Association, 2nd edition.(in Arabic).
- Katouzian, Nasser (1385 AH). Family Law, vol. 1, Tehran: Sahami Publishing Company, fifth edition. ( in Persian).
- Khansari Najafi, Musa (1405 AH). Muniyat al-Talib fi Sharh al-Makasib, Ayatollah Na'ini's Lectures, Vol. 1, Qom: Islamic Publications Office affiliated with the Qom Seminary Teachers' Association, Third Edition. (in Arabic).
- Lankarani, Mohammad Fazel Movahdi (1421 AH). Ta’if al-Shari’ah fi Sharh al-Tahrir al-Wasilah, Qom: Jurisprudential Center of the Pure Imams (AS), first edition. (in Arabic).
- Makarem Shirazi, Nasser (1389). Family Laws, Qom: Publications of Imam Ali ibn Abi Talib (AS), First Edition. (in Arabic).
- Makarem Shirazi, Nasser (1424 AH). Kitab al-Nikah, Qom: Publications of the Imam Ali ibn Abi Talib (AS) School, First Edition. (in Arabic).
- Mughniyeh, Muhammad Javad (1424 AH). Al-Kashif, Vol. 2, Darul Kitab Al-Islami, First Edition. (in Arabic).
- Musawiya Golpaygani, Sayyid Muhammad Reza (1413 AH). Hidayah al-Ibad, Vol. 2. Qom: Darul Quran al-Karim, First Edition. (in Arabic).
- Mustafa Mohaqiq Damad (1402 AH). Rules of Jurisprudence, vol. 2. Tehran: Samat Publishing, nineteenth edition. ( in Persian).
- Najafi, Mohammad Hassan (1362). Jawaher Al-Kalam Fi Sharh Shara’e Al-Islam, Vol. 25 and 31, Beirut, Dar Ihya’ Al-Turaht Al-Arabi, Seventh Edition. (in Arabic).
- Nasser Makarem Shirazi (1416 AH). Al-Qawa’id al-Fiqhiyyah, Vol. 2. Qom: Madrasa al-Imam Ali ibn Abi Talib (AS), Third Edition. (in Arabic).
- Nazimizadeh, Mohsen, Mohaqeq Damad, Maryam Al-Sadat. (1400). The condition of not expelling the wife from the country in the jurisprudential-legal perspective and its branches. Jurisprudence and Family Law, 127-103, (75)26. ( in Persian).
- Nouri, Mirza Hassan (1408 AH). Mustadrak Al-Wasa’il, Vol. 13. Qom: Aal-Bayt Foundation for the Revival of Traditions, Second Edition. ( in Persian).
- Qureshi, Ali Akbar (1377 AH). Ahsan al-Hadith, vol. 2, Bunyad Bisat, third edition. (in Arabic).
- Razi, Pouria, Ramshi, Meysam. Jurisprudential Review (1396). Legal Necessity of Couples Living in a Common House. Fiqh and Family Law, 5-29(67)22. ( in Persian).
- Safi Golpayegani, Lotfollah (1416 AH). Hidayeh al-Abad, Qom: Dar al-Qur'an al-Karim, vol. 2, first edition. (in Arabic).
- Shahid Thani, Zayn al-Din ibn Ali (1413 AH). Paths of Understanding to the Revision of Islamic Laws, Vol. 8. Qom: Islamic Encyclopaedia Foundation, second edition. (in Arabic).
- Shahid Thani,, Zain al-Din bin Ali (1414 AH). Hashiyat al-Irshad, vol.3. Qom: Publications of the Islamic Propaganda Office of Qom Seminary. (in Arabic).
- Sheikh Ansari, Murtaza (1415 AH). Kitab al-Makasib (by Sheikh Ansari, I - Al-Hadith), Vol. 6. Qom: World Congress in Commemoration of Sheikh Azam Ansari, 3rd edition. (in Arabic)
- Shirazi, Seyyed Mohammad Hosseini (1385). Isal al-Talib to al-Masab, volume 14. Tehran: Scientific publications, third edition. (in Arabic).
- Shubayri Zanjani, Seyyed Musa (1419 AH), Kitab Nikah, Vol. 8. Qom: Rai Pardaz Research Institute, Bicha. ( in Persian).
- Tabatabaei, Seyyed Mohammad Hussein (1393 AH). Al-Mizan fi Tafsir al-Quran, vol. 4. Beirut: Musassa al-Alami Publishing House, second edition. (in Arabic).
- The Holy Quran
- Yazdi, Omid (1396). Family in the Current Legal System, with an Introduction by Dr. Seyyed Hossein Safa’i, Tehran: Ava Book Publishing, First Edition. ( in Persian).
Sites Sources
https://ara.jri.ac.ir/Judge/Text/31189( in Persian).
The condition of the spouses' agreement in choosing housing and the guarantee of its implementation[1]
Abstract
Choosing a suitable housing for cohabitation is considered one of the rights and duties of the man. However, it may be stipulated in an independent contract or agreement that the choice of housing is delegated to the wife or that it is selected with the agreement and cooperation of the spouses. If the condition of reaching an agreement between the spouses on choosing housing is guaranteed, it is not clear whether, in the event of no agreement, this condition will be eliminated and the husband's leadership in unilaterally choosing housing will return, or, like any other binding contract, the court must be consulted for its implementation. In this regard, conflicting judicial opinions have also been issued, and some judges have believed that the condition will be abolished and the husband's leadership in choosing housing will return, while some have believed that the condition will continue. On the other hand, after the couple has agreed and chosen housing, the nature of this agreement, its provisions, and its effects have not been discussed.In this article, by accurately describing the legal relationships established between couples in each of the different assumptions and using various jurisprudential and legal sources and analyzing opinions and ideas and applying them to existing issues, it was concluded that a contract or condition that makes the choice of housing subject to the agreement of the couples is considered a condition or contract that must be fulfilled, which, like other contracts, must be implemented and requires its own specific performance guarantees. On the other hand, consent and choice of housing is also a binding contract and its dissolution requires rescission or termination by the couples.
Keywords:
Shared housing, delegation of housing choice, agreement on choosing shared housing, condition of not leaving the house.
[1] . Mohammad Mehdi Hamidi, PhD in Private Law, University of Qom, Qom, Iran, mmahdihamidi67@gmail.com.
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