چکیده:
The right to divorce means an individual's power to divorce the other party unconditionally, based on religious rulings, delayed jurisprudential opinions, and old laws; this was previously considered only for men, but it has now undergone review and reform to align with contemporary jurisprudential and legal theories and human rights requirements. Consequently, this right is currently accepted for both men (with conditions) and women. If we were to assume the right to divorce solely for men, a real conflict would exist between this right and the woman's principle of autonomy of will through which she entered the marriage contract. However, given legal reforms such as Article 1133 of the Civil Code and the acceptance of the right to divorce for women under certain conditions, as well as the conditional use of the right to divorce for men, no conflict can be established between these two. In fact, initially, a type of apparent conflict is seen between the two, which is a type of conflict of rules (tazahom), and as a result, the rule of 'priority of the more important over the less important' can resolve this conflict; in the sense that between the principle of autonomy of will of the other party and the exercise of the right to divorce, whichever is more legal and important takes precedence, and it is acted upon: either the other party is divorced based on the right to divorce, or the divorce is negated based on the principle of autonomy of will, and the other party's will to continue and not dissolve the marriage contract is realized.
خلاصه ماشینی:
If we were to conceive the right to divorce solely for men, a real conflict would exist between this right and the principle of autonomy of will of the woman, through which she entered into the marriage contract; however, considering legal reforms such as Article 1133 of the Civil Code and the acceptance of the right to divorce with conditions for women and the conditional use of the right to divorce for men, no conflict can be established between these two.
Although in contemporary legal changes and jurisprudential theories, this right has also been granted to women under certain conditions, and today it cannot be said that the right to divorce is exclusive to men, in accordance with the principle of autonomy of will and contractual freedom accepted in Iranian law, a man or a woman can exercise this legal choice according to the conditions specified in the law.
If we assume that according to the rulings shari, recent jurisprudential theories, and old family law regulations, which held that the right to divorce was exclusively reserved for the man, a real conflict exists between the principle of the sovereignty of the wife's will and the man's right to divorce; and the use of the right to divorce by the man without any conditions would actually constitute a limitation on the contractual freedom of the woman, based on which she entered into the marriage contract.
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