چکیده:
It is natural for couples to have disagreements because of personal differences، but this natural disagreement should not be so much as to shake the foundation of family. Thus، as Quran recommends us in chapter Nisa’ [women]، after the emergence of the symptoms of disagreement، a family peace court should be formed to solve the problem. In the Iranian law، this is called jurisdiction of divorce to which the law maker should pay attention although there are deficiencies in the law. This paper deals with the foundations of jurisdiction، the development of law-making in jurisdiction، a study of the present law of jurisdiction، and an elaboration of legal impairments in the Iranian law. Then Iran is compared to Egypt، Iraq، and Syria in this respect. Finally، the paper suggests that the judiciary establish a sufficient number of branches for jurisdiction، along with family courts، composed of legal experts، family counselors، and psychologists to help courts to solve family disagreements.
خلاصه ماشینی:
)Developments of Arbitration in the Iranian Legal System Given that there have been many changes in the legal developments in Iran, it is necessary to briefly examine these developments: 1-2) For the first time, in Article 676 of the Civil Procedure Law passed in 1318, it was stated: "In the case of a dispute between husband and wife regarding misconduct, lack of obedience, alimony, clothing, housing, and also the expenses of a child who is under the responsibility of the husband and the custody of the wife, by each of the spouses is raised, the courts may, upon the request of either party, refer the dispute to arbitration and, in case of their lack of agreement in appointing an arbitrator, appoint at least two persons from among the relatives of the parties, or if they do not have relatives in their place of residence, from among the persons with whom they socialize and are friends.
This flaw becomes more apparent in light of Note 2 of the Single Article of the Law Amending the Regulations Related to Divorce; because according to this note, a written report regarding the impossibility of reconciliation, taking into account all the conditions stipulated in the contract and the contents included in the marriage documents of the Islamic Republic of Iran, as well as determining the status and custody of children and resolving financial issues with the signatures of the husband and the divorced wife, and also a written certificate of the mental health of the spouses in cases where it is suspicious for the special civil court, is submitted to the court.
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