Analysis of the wife's authority in the right to Divorce

Subject Areas : Family jurisprudence

mahboubeh  moghadasi ¹ (islamic azad univercity science and research branch.tehran.iran.)
Ahmad  Bagheri ² (Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Theology and Islamic Studies, University of Tehran, Tehran, Iran.)
Seyyed MohammadReza  Ayati ³ (Professor, Faculty of Law, Theology and Political Science, Tehran University of Science and Research)

Received: 2021-08-10 Accepted : 2022-06-08 Published : 2022-03-21

Keywords: husband", authority", ", right to divorce, wife", divorce",

Abstract :

The aim of this study was to identify the effect of time and place on the allocation of divorce rights by descriptive-analytical method. The issue of equality between men and women in the right to dissolve marriage, as well as its conclusion in terms of Islamic jurisprudence and law, has long been raised among Muslim thinkers; But the objections and protests have never been as high as they are now, the emergence of civil movements and human rights activists and the increasing awareness of women about their rights have caused these issues to be raised more seriously and jurists and legislators of Islamic countries look at the issue from new horizons. The findings show: The study of the role of custom in allocating the right to divorce is one of the important issues in the field of jurisprudence dynamics and without a doubt the role of custom of time and place is one of the important issues in this regard. Assigning the right to divorce to a man is one of the matters that is not explicitly mentioned in the Qur'an and does not deprive the wife of this right. A historical study of the status of women in the time of ignorance and the view that the Arabs had of women and the types of divorces in that day, by examining different temporal and spatial customs, customs and religious imitations, is ordered to divorce the wife