The non-revocation condition of the recoverable divorce in emamyah jurisprudence and Iranian law

Document Type : Specialized Article

Authors
Mahmoud Jamal-al-din Zanjani 1
Mohammad Milad Bemanian 2
1 Member of faculty of Imam Sadiq University
2 Master of Private
10.30497/leg.2017.2642
Abstract
One of topics that arises after revocable divorce is revocation right to woman for man during Eddeh days that related to nature of revocable divorce requirement. At first in this research, the nature of revocable divorce and revocation have been focused to review the inaccuracy or accuracy of non-revocation condition by descriptive_analytic method and it has been determined this condition isn’t contrary to nature of revocable divorce. Then, given that some disagreements about this subject related to being right or sentence of revocation permission, this subject and features of these two items was studied and since the revocation permission is one of dubious instances, at the end, a solution for recognition of dubious cases is provided. In the following, with the help of juridical, legal and juridical foundation, the result has been achieved is that this condition is not contrary nature of revocable divorce requirement and is not lack of ability for waiving because of being sentence. Also, the nature of revocable divorce does not turn into irrevocable divorce with waiving of revocation right and the wife can enjoy from her rights during Eddeh days of revocable divorce, such as alimony, housing and inheritance.
Keywords
stripping right
non-revocation condition
right and sentence
nature of contract and unilateral obligation requirement
revocable divorce