An Absolute Power of Attorney of Woman in Divorce: Creating a balance in the effect of the couple's will in divorce

Subject Areas : Woman and family

Negar Shomali ¹

1 - Assistant Professor, Law Department, Tabriz Branch, Islamic Azad University, Tabriz, Iran [e-mail]

Received: 2022-10-17 Accepted : 2023-07-11 Published : 2024-12-19

Keywords: s rights, Advocacy for women in divorce, absolute attorney, woman&rsquo,

Abstract :

In contrast to marriage, which depends on the will of the couple, divorce is a right given to the man. And this duality in the influence of the will of each couple has led to the emergence of deep-rooted issues in Iranian jurisprudence and law. The structure of the current research is based on the etiology statement of the necessity of the woman's absolute power of attorney in divorce, the possibility or impossibility of the woman's power of attorney, the evolution of divorce regulations in Iranian law, and finally, the interpretation of the couple's will regarding the power of the woman in divorce. Also, in the field of theoretical framework, before dealing with the approach of the legislator of our country, the views of jurisprudence against and in favor, which have been effective in the formation of the legislative attitude, have been carefully considered. Acknowledging the absolute right of a woman in divorce as a way to adjust the right to unilaterally dissolve the marriage contract compensates for some of the shortcomings of women's rights and also frees her from an inappropriate marriage; the maximum form of representation in divorce for a woman is representation that Based on that, the occurrence of divorce or its non-occurrence is granted to the woman In order for her to have independent authority, there is not any necessity  to be a condition as the cause of divorce or the need to confirm it by the court.

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