نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسنده English
The unconditional power of attorney for the wife in divorce is not permissible due to its contradiction with the Qur'an and Sunnah. However, regarding the conditional power of attorney for the wife in divorce, the majority of Shia scholars believe that a conditional power of attorney for the wife in divorce is permissible. Given that the mere discrepancy between the agent (the husband) and the recipient (the wife) is sufficient, and considering that the conditional delegation does not conflict with the Qur'an and Sunnah, along with narrations indicating the general permissibility of power of attorney in divorce, and especially the conditional power of attorney for the wife in this regard, it is concluded that a conditional power of attorney for the wife in divorce is permissible. However, granting the wife an unconditional power of attorney in divorce is not permissible due to its contradiction with the Qur'an and Sunnah. The husband can divorce his wife whenever he wants. According to civil law, the right to divorce is exclusively granted to the husband, and it is considered a mandatory law, not a property right, so the husband cannot transfer this right to the wife. However, he can delegate the power of attorney to the wife through "unconditional delegation" or in certain cases, granting her the authority to act on his behalf in divorce. Therefore, according to Islamic jurisprudence and Iranian civil law, the wife naturally does not have the right to divorce, but contractually, i.e., through a power of attorney as a condition in the marriage contract, she can possess such authority.
کلیدواژهها English
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