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Mubarat divorce: Difference between revisions
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imported>Kadeh (The article of "Mubarat Divorce " Created. 11 Bahman 1398. Friday 00:23 pm.) |
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'''Mubarat divorce''' is a type of divorce in which due to lack of love between the man and the woman, the woman pays the dowry or another property to the man so that he divorces her. Mubarat divorce is among | '''Mubarat divorce''' (Arabic: {{ia|طلاق المباراة}}) is a type of [[divorce]] in which due to lack of love between the man and the woman, the woman pays the [[dowry]] or another property to the man so that he divorces her. Mubarat divorce is among [[ba'in divorce]]s in which the man cannot return to the woman; i.e. during the [['idda period]], the man cannot make her his wife again without reciting the [[marriage formula]]. However, in mubarat divorce, during the 'idda period, the woman may withdraw from her giving. In such a case, the man can return to her like [[rij'i divorce]]. | ||
==Divorce== | ==Divorce== | ||
Lifting marriage bond is called divorce. Similar to marriage, divorce is carried out by reciting a formula; but, opposite to marriage, it is among unilateral contracts and is only carried out by the man. In Islam, divorce is legitimate and permissible; but according to | {{Main|divorce}} | ||
Lifting [[marriage]] bond is called divorce. Similar to marriage, divorce is carried out by reciting a formula; but, opposite to marriage, it is among unilateral contracts and is only carried out by the man. In [[Islam]], divorce is legitimate and permissible; but according to [[hadith]]s, it is the most disapproved permissible act before [[God]]. | |||
==Definition== | ==Definition== | ||
Mubarat divorce is a type of divorce in which due to lack of love between the man and the woman, the woman pays the dowry or another property to the man so that he divorces her. Mubarat divorce is among | Mubarat divorce is a type of divorce in which due to lack of love between the man and the woman, the woman pays the dowry or another property to the man so that he divorces her. Mubarat divorce is among ba'in divorces. | ||
==Rules== | ==Rules== | ||
Some of the rules of mubarat divorce are as follows: | Some of the rules of mubarat divorce are as follows: | ||
*The method of mubarat divorce is different from normal divorce. In mubarat divorce, after the woman or her agent gives up the dowry, the man or his agent recites the mubarat divorce. In the formula of mubarat divorce, the verb | *The method of mubarat divorce is different from normal divorce. In mubarat divorce, after the woman or her agent gives up the dowry, the man or his agent recites the mubarat divorce. In the formula of mubarat divorce, the verb "bara't-u" is used to show that the divorce is mubarat. | ||
*Mubarat divorce is among | |||
*In mubarat divorce, during the | *Mubarat divorce is among ba'in divorces. Therefore, the man cannot return to the woman; i.e. during the 'idda period, the man cannot make her his wife again without reciting the marriage formula. | ||
*In mubarat divorce, during the 'idda period, the woman may withdraw from her giving. In such a case, the man can return to her like rij'i divorce. | |||
*In mubarat divorce, the property the man takes from the woman should not be more than her dowry. | *In mubarat divorce, the property the man takes from the woman should not be more than her dowry. | ||
==Similarities and Differences between | ==Similarities and Differences between Khul' and Mubarat Divorces== | ||
Both | Both [[khul']] and mubarat divorces are [[ba'in]], in which the man cannot return to the woman. Also, contrary to [[rij'i divorce]] in which only the man can divorce the woman, khul' and mubarat divorces can be carried out by a settlement between the man and the woman. Some of the differences between the two divorces are as follows: | ||
*In | |||
*In mubarat divorce, the property the woman pays to the man should not be more than her dowry; but, in | *In khul' divorce, only the woman lacks love toward the man; but, in mubarat divorce, both spouses lack love toward each other. | ||
*In mubarat divorce, the property the woman pays to the man should not be more than her dowry; but, in khul' divorce, it may be more. | |||
==References== | ==References== | ||
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