چکیده:
In this paper, it was tried that by comparative study of divorce in religious jurisprudence and
civil laws of Iran, different dimensions such as definition, properties, causes and conditions
of divorce to be considered. According to the article 1133 of Iran's civil law and following
the Imamate jurisprudence, the right of divorce is with husband and his will; and the wife in
the event of proving special cases can request for divorce and also according to the article
1139 of civil law, the way of divorcing the wife in temporary marriage, expiry of the
concubine time or waiver of it are done on behalf of husband. Civil law in special cases
permitted to the wife to request for divorce from court. These causes have been taken from
Islamic jurisprudence: Lack of execution of obligatory laws (article 1129 of civil law), dysfunction
in social intercourse (clause 2 of article 1130), being affected by contagious and
refractory diseases (clause 2 of article 1130), absence more than four years (article 1029 of
civil law). In the Imamate jurisprudence and civil law, "divorce due to the wife generosity in
waiver of her marriage portion to the husband) and divorce due to the aversion of parties
from each other" have been discussed which are as a kind of divorce with mutual agreement
of parties. Also, in civil law, divorce with consent of parties has been known with two
mentioned titles namely due to the generosity of wife and aversion of parties from each
other which follow the Islamic jurisprudence. The research results indicate that there is
accordance between the religious jurisprudence and civil laws of Iran about some
dimensions and conditions of divorce and in some cases, there is difference.
خلاصه ماشینی:
In Iran's civil law, no definition has been presented from divorce, but in the legal term, it is to dissolve the matrimony relation in the permanent marriage contract whether according to the husband consent or by his representative, for example interdicted forcible saint or wife with procuration on behalf of husband (Jafari Langroodi, 2009, volume 3, P.
5- Marring with another wife without consent of former wife: According to the clause 3 of article 11 of "family support law", "whenever the husband marries with another woman without the consent of former wife, the former wife will Iranian Journal of Social Sciences and Humanities Research Vol 5 Issue 1 (2017) have the right to demand for issuance of compromise impossibility testimony for divorce from the court".
The family support law in order to respect to the traditions and religion to an extent and give the legitimate form to the divorce of women that according to the article 11 of this law acquire the compromise impossibility testimony, has used of a legal technique predicted in the Islamic jurisprudence and civil law and it has ordained that the contents of article 11 should be stipulated in the form of condition meantime the contract in the marriage contract and in these cases, the irrevocable power of attorney is given to the woman on behalf of man for execution of divorce (article 17).