خلاصة:
The rule of hardship and distress (Osr va Haraj) is derived from Quranic verses and the hadiths of the Infallibles, serving as a governing principle over other rules and providing solutions to many existing problems, especially in the field of family matters. The issue pursued in this article is under what circumstances hardship and distress are realized, granting the wife the right to divorce, and whether the husband's infidelity constitutes grounds for divorce for the wife. This issue has become prevalent in many families, and the discussion of the husband's infidelity has not yet been extensively examined by legal experts; for this reason, an article on this subject is necessary. The rule of hardship and distress is among the rules that did not exist in its current breadth during the early days of Islam. This rule, in its current scope, has been included in the jurisprudential books of later scholars. Therefore, through necessary investigation and studies of the instances of the rule of hardship and distress, the divorce of the wife, and with an emphasis on the husband's infidelity, when the wife is in a state of hardship and distress, she can request a divorce. The generality of this article provides the wife with the possibility to free herself from the bond of marriage by proving the husband's infidelity—specifically through his remarriage—regardless of the basis for the creation of the hardship and distress.
ملخص الجهاز:
(Articles 1029 and 1129 of the Civil Code) Among these cases is the assumption of "Osr va Haraj" (hardship and distress) in the marital relationship, through which joint living becomes unbearable for the wife due to personal and psychological situations and temporal and spatial circumstances.
That is, whenever the wife claims that "the basis of family life" has been disrupted, and the husband has no moral or legal relationship with her, shows no sign of understanding, good companionship, or effort toward preserving the family unit, and the wife also claims that "the continuation of marriage" is impossible and that living with an addicted individual means the destruction of the shared family unit, then not only is the wife entitled to her request if such effects are realized, but the natural and true consequences of such Osr and Haraj can also be utilized in any other case to rescue the woman from the trap of such a quagmire.
In such a case, especially if the wife has not exercised her right of rescission within its urgent period, the legislator allows the woman, by invoking the rule of Osr and Haraj and citing Article 1130 of the Civil Code, to rescue herself from the hollow and depressed family unit of an infertile man and, with the help of court permission, convert the resulting hardship into divorce and separation.
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