خلاصة:
As specified in the Civil Code of Iran, under normal circumstances, the right to divorce belongs to the husband, and the man can divorce his wife whenever he wishes. However, it must be noted that the legislator has made exceptions to preserve the rights of the wife in certain cases where, by meeting specific conditions, the wife can refer to the court and compel the husband to divorce. These cases include the absent/missing person, hardship and distress (usr wa haraj), agency condition, and khul' and mubarat. The aim of this article is to examine the causes and differences regarding the compulsion of the husband to divorce the wife, as well as to state the potential similarities and correspondences in the laws of Iran and the two countries of Iraq and Syria.
ملخص الجهاز:
d. , 43/92) The major family and personal status laws of Islamic countries also fundamentally consider divorce to be at the discretion of the man, but many of them, on one hand, have tried to create limitations on the exercise of this discretion by mandating court appearances or stating the causes and grounds for requesting divorce, and on the other hand, have tried to provide facilities for requesting divorce and separation on behalf of the woman in cases where continuing married life is difficult and causes harm 128 / Legal Studies.
In this regard, it should be noted that if the husband, seeking the wife's disobedience (nushuz) and following a court ruling permitting remarriage, proceeds to renew the marital bed, the woman cannot, based on this title, consider the matter a cause for hardship and distress, just as relying on a condition within the contract (usually the twelfth condition of the conditions within the contract) for power of attorney in divorce is also not without flaw, even though the application of Article 17 of the Family Protection Law has granted this right to the woman.
Similarly, it is possible for someone to be imprisoned in the implementation of Article 2 of the Law on the Method of Executing Financial Convictions, but this conviction is from A comparative study of the wife's option in divorce in the laws of Iran, Iraq, and Syria / 1-3- Intentional abandonment of the spouse Clause one of the note to Article 1130 of the Civil Code considers the first instance of hardship and distress to be "the abandonment of family life by the husband for at least six consecutive months or nine non-consecutive months within a period of one year without a valid excuse.
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