Jurisprudential examination of suspected cases of non-negotiable legal actions in family law

Naghibi, Abolghasem; Shakibi Golhin, Mahdi; Hasanpour, Davood

doi:10.30497/flj.2026.246696.2050

Jurisprudential examination of suspected cases of non-negotiable legal actions in family law

Articles in Press

Document Type : Specialized Article

Authors

¹ Associate Professor of Shahid Motahhari University,Tehran, Iran

² .

10.30497/flj.2026.246696.2050

Abstract

All persons are forced to act as proxies in some of their affairs and accept proxies from some other persons. What actions can be performed by the vice-chancellor requires specific criteria and rules. The jurists have discussed this criterion and considered its criterion as belonging to the purpose of the Shariah to stewardship in practice, or that the order of the Shari'i effect is dependent on stewardship in practice, and in general, referring to Arba'a evidences, Shari'ah, rational and customary have introduced as a way to discover the mentioned dependency and where the existence of the mentioned dependency is doubtful and cannot be discovered by the aforementioned methods, they have considered the establishment of the principle according to the principles of deriving the legal ruling as the way out of this doubt and Famously, they have chosen the principle of representativeness of actions. In spite of the aforementioned criteria and principle, there are some actions in terms of proxy acceptance, the most important of which in family law are: zahar, ila'a, la'an, proxy of the spouse in the return from divorce, proxy From the husband in divorce with his presence, the wife's representation from the husband in his own divorce and the unbeliever's representation in the marriage of the woman are permissible. The upcoming research aims to investigate the representativeness of the mentioned cases.

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