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Mubarat divorce: Difference between revisions
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==Divorce== | ==Divorce== | ||
{{Main| | {{Main|Divorce}} | ||
Lifting | Lifting marriage bond is called divorce. Similar to marriage, divorce is carried out by reciting a formula;<ref>Mishkinī, ''Muṣṭalaḥāt al-fiqh wa iṣṭilāhāt al-uṣūl'', p. 356.</ref> but, opposite to marriage, it is among unilateral contracts and is only carried out by the man.<ref>Mishkinī, ''Muṣṭalaḥāt al-fiqh wa iṣṭilāhāt al-uṣūl'', p. 97.</ref> In [[Islam]], divorce is legitimate and permissible;<ref>''Farhang-i fiqh muṭābiq bā madhhab-i Ahl al-Bayt'', vol. 5, p. 194.</ref> but according to [[hadith]]s, it is the most disapproved permissible act before [[God]].<ref>Kulaynī, ''al-Kāfī'', vol. 6, p. 54.</ref> | ||
==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 ba'in divorces. | 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.<ref>Khomeiniī, ''Tawḍīḥ al-masāʾil (muḥashā)'', vol. 2, p. 535.</ref> Mubarat divorce is among ba'in divorces.<ref>Mishkinī, ''Muṣṭalaḥāt al-fiqh wa iṣṭilāhāt al-uṣūl'', p. 227.</ref> | ||
==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 "bara't-u" is used to show that the divorce is mubarat. | * 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.<ref>Khomeiniī, ''Tawḍīḥ al-masāʾil (muḥashā)'', vol. 2, p. 535.</ref> | ||
*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. | * 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.<ref>Mishkinī, ''Muṣṭalaḥāt al-fiqh wa iṣṭilāhāt al-uṣūl'', p. 227.</ref> | ||
*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, 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.<ref>Khomeiniī, ''Tawḍīḥ al-masāʾil (muḥashā)'', vol. 2, p. 536-537.</ref> | ||
*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.<ref>Khomeiniī, ''Tawḍīḥ al-masāʾil (muḥashā)'', vol. 2, p. 536-537.</ref> | ||
==Similarities and Differences between Khul' and Mubarat Divorces== | ==Similarities and Differences between Khul' and Mubarat Divorces== | ||
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: | Both [[khul']] and mubarat divorces are [[ba'in]], in which the man cannot return to the woman.<ref>Mishkinī, ''Muṣṭalaḥāt al-fiqh wa iṣṭilāhāt al-uṣūl'', p. 227.</ref> 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 khul' divorce, only the woman lacks love toward the man; but, in mubarat divorce, both spouses lack love toward each other. | * 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. | * 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.<ref>Khomeini, ''Taḥrīr al-wasīla'', vol. 3, p. 631.</ref> | ||
==Notes== | |||
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==References== | ==References== | ||
{{references}} | {{references}} | ||
* Kulaynī, Muḥammad b. Yaʿqūb al-. ''Al-Kāfī''. Edited by ʿAlī Akbar Ghaffārī. 4th edition. Tehran: Dār al-Kutub al-Islāmīyya, 1407 AH. | * Kulaynī, Muḥammad b. Yaʿqūb al-. ''Al-Kāfī''. Edited by ʿAlī Akbar Ghaffārī. 4th edition. Tehran: Dār al-Kutub al-Islāmīyya, 1407 AH. | ||
* Khomeiniī, Sayyid Rūḥ Allāh. ''Tawḍīḥ al-masāʾil (muḥashā)''. Edited by Sayyid Muḥammad Ḥasan Banī Hāshimī Khomeinī. 8th edition. Qom: Daftar-i Intishārāt-i Islāmī, 1424 AH. | * Khomeiniī, Sayyid Rūḥ Allāh. ''Tawḍīḥ al-masāʾil (muḥashā)''. Edited by Sayyid Muḥammad Ḥasan Banī Hāshimī Khomeinī. 8th edition. Qom: Daftar-i Intishārāt-i Islāmī, 1424 AH. | ||
* Khomeini, Sayyid Rūḥ Allāh. ''Taḥrīr al-wasīla''. Translated to Farsi by ʿAlī Islāmī. edition 21. Qom: Daftar-i Intishārāt-i Islāmī wābasti bi Jāmiʿa-yi Mudarrisīn-i Ḥawza-yi ʿIlmīyya-yi Qom, 1409 AH. | * Khomeini, Sayyid Rūḥ Allāh. ''Taḥrīr al-wasīla''. Translated to Farsi by ʿAlī Islāmī. edition 21. Qom: Daftar-i Intishārāt-i Islāmī wābasti bi Jāmiʿa-yi Mudarrisīn-i Ḥawza-yi ʿIlmīyya-yi Qom, 1409 AH. | ||
* Muʾassisat Dāʾirat al-Maʿārif al-Fiqh al-Islāmī. ''Farhang-i fiqh muṭābiq bā madhhab-i Ahl al-Bayt''. 1st edition. Qom: Muʾassisat Dāʾirat al-Maʿārif al-Fiqh al-Islāmī, 1392 Sh. | |||
* Mishkinī, ʿAlī. ''Muṣṭalaḥāt al-fiqh wa iṣṭilāhāt al-uṣūl''. 1st edition. Beirut: Manshūrāt al-Riḍā, 1431 AH. | * Mishkinī, ʿAlī. ''Muṣṭalaḥāt al-fiqh wa iṣṭilāhāt al-uṣūl''. 1st edition. Beirut: Manshūrāt al-Riḍā, 1431 AH. | ||
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