چکیده:
'Usr wa Haraj' is a progressive Islamic jurisprudential rule. This jurisprudential rule has applications in various issues and subjects; one of its applications is at the time of divorce, where the wife, by proving 'usr wa haraj' (hardship and distress) in living with the husband, can request a divorce. However, in the laws of the Islamic government, so far it has only been used in the relationship between spouses. The instances and cases of this law have undergone changes and transformations after the Islamic Revolution. In this writing, laws overseeing non-financial family matters, including 'usr wa haraj', conditions within the contract, and custody, are examined and evaluated, and the advantages of conditions within the contract over Article 1130 of the Civil Code are stated. In this article, while examining the laws at different stages and providing statistics from family courts, legal gaps are identified and appropriate suggestions are provided.
خلاصه ماشینی:
In this writing, the laws governing non-financial family matters, including Usr wa Haraj, conditions within the contract, and custody, are examined and evaluated, and the advantages of conditions within the contract over Article 1130 of the Civil Code are stated.
First, the text of Article 1130 of the Civil Code is stated, followed by the added note approved by the Expediency Discernment Council: Article 1130 of the Civil Code: "If the continuation of the marriage causes Usr wa Haraj to the wife, she may refer to the Sharia judge and request a divorce.
" Note: "The Usr wa Haraj subject to this article refers to the emergence of a situation that makes the continuation of life difficult for the wife and makes it hard to endure, and the following cases, if established by a competent court, are considered instances of Usr wa Haraj: 1) Abandonment of family life by the husband for at least six consecutive months or nine intermittent months within a year without a valid excuse; 2) The husband's addiction to one of the types of narcotic drugs or his involvement with alcoholic beverages which, based causes disruption to life and the refusal or impossibility of compelling him to quit it during the period deemed necessary for addiction recovery by a physician.
199) Since no mention is made of the condition of the absence of conflict in Article 1130 of the Civil Code, the following question can be raised: If the wife is in Haraj and her Haraj is in conflict with the Haraj or harm of the husband, can a ruling for the dissolution of marriage be issued by citing the reason of the negation of Haraj?
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