The right of a man to divorce: A challenge to the implication of the no-harm rule in justifying a wife's request for divorce in the light of the Iranian and Egyptian legal systems

Document Type : Original Article

Authors

1 PhD Student in Private Law, Department of Law, Naragh Branch, Islamic Azad University, Naragh, Iran.

2 Assistant Professor of Law, Naragh Branch, Islamic Azad University, Naragh, Iran.

10.30510/psi.2022.338198.3364

Abstract

One of the most important legal issues in any society is family law, Thus, the laws as well as the jurisprudential opinions indicate the fact that the right to divorce has been introduced for men as a principle. The fact that it can be adjusted according to a rule or rule has been hardly addressed by earlier jurists and has been hypothetically rejected. The flow of the harmless rule in feedback with principles such as the principle of the right to divorce a man always expresses the fact that by deep thinking and dynamic digging and contemplation on social realities that arise from time and place, in the foundation of historical latency of jurisprudence change has done. The transformation that Islamic-based legal systems today have inevitably incorporated into the subject law. This dynamism can be considered as an important basis in the enlightenment of contemporary jurists who have considered the component of time and place, in modifying the laws of the subject. Therefore, this study examines the scope of the entry of the harmless rule in this basic jurisprudential principle in the two legal systems of Iran and Egypt. The findings of this study indicate that in charity, type of association, delegating the right to divorce to the wife and other examples, the two legal systems have accepted with conditions that the wife can apply for divorce and a kind of right if the harm and hardship in marriage continue. She got a divorce.

Keywords

Political Sociology of Iran
Volume 5, Issue 11
January 2023
Pages 5213-5242

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