نوع مقاله : مقاله پژوهشی
نویسندگان
1 عضو هیئت علمی دانشگاه رازی
2 دانشگاه رازی
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
Permission is one of the important jurisprudential and legal institutions that has been discussed in many jurisprudential chapters and legal writings. According to verse 34 of Surah An-Nisa 'and Article 1105 of the Civil Code regarding marriage, the head of the family is the husband. Therefore, doing some things of the wife is subject to the permission and consent of the husband, and some of the activities of the wife are prohibited without the permission and consent of the husband. "Women's testimony" to be analyzed whether the tolerance and testimony of women is one of the things that the husband's permission is required to do or not? The findings of this study show that tolerance and testimony are sufficient. The husband's permission is required to perform the wife's sufficiency duties, but when tolerating and testifying against the wife becomes an objective obligation, there is a conflict in the community between the two objective obligations, and the strong and important criterion takes precedence, or a community of commands and prohibitions. If the community is not allowed, if the obligation of testimony precedes the obligation of obedience to the husband, the testimony without permission is valid, and if the prohibition takes precedence, then the woman has committed a sin and her testimony is void. However, if the community is allowed to command and forbid, if the woman tolerates and testifies without the husband's permission, she has committed a sin, but her testimony is valid.
کلیدواژهها [English]
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