Concept of divorcement by wife on Islamic juriceprudence, Egyptian and Iranian legal syatem

Type : Research Article

Authors

1 Associate Professor, Department of Private Law, Faculty of Islamic Studies and Law, Imam Sadiq University, Tehran, Iran.

2 LLM Student in Private Law, Faculty of Islamic Studies and Law, Imam Sadiq University, Tehran, Iran.

3 PhD Student in Private Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran.

Abstract

Divorcement right on Islamic jurisprudence, legal system of Egypt and Iran is essentially by husband. This is clear that men can abuse of Divorcement right so as we showed in this descriptive and normative article that legislators of nominated legal systems firstly try to balance this situation by contractual regimes like sub-delegation and Tafiz. Sub -delegation is admitted on all three legal systems, but Tafiz concept is unknown on Iranian law and just sunni jurisprudence, Egypt law, and minority of shia commentators have admitted that. The most important difference between sub-delegation and Tafiz is that wife under the Tafviz regime can has absolute Divorcement right, although under sub-delegation regime she is just agent of her husband and she has a limited Divorcement right. Lastly, the court will divorce the wife in some exceptional situation like family leave by husband, desertion of nourishing duty by man, and Distress and constriction of wife.

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‌ Timeline

  • Received: 27 September 2019
  • Revise: 26 December 2019
  • Accepted: 10 January 2020

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