The purpose of the present study is jurisprudential and juridical explanation of the husband’s right to divorce and the potential waiver of that. The method of study is descriptive-analytic and the results showed that in some circumstances, divorce and separation
More
The purpose of the present study is jurisprudential and juridical explanation of the husband’s right to divorce and the potential waiver of that. The method of study is descriptive-analytic and the results showed that in some circumstances, divorce and separation of the couples from each other is the only way to terminate family conflicts and the consequences of irremediable disputes between them. The way of divorce should not be absolutely closed, but rather, when it is not possible to continue life, husband and wife should not be coerced into living together by the force of law. The nature and psychology of man and woman implies that the right to divorce normally and naturally be delegated to a man and this issue is not a discrimination between a man and a woman; however, in some limited cases, a woman can also file for divorce in the court so the way to divorce is not closed for a woman either. The waiver of the man’s right to divorce is null and legally void due to its contradiction with the Book of God, tradition, and law, however, delegating the right of divorce to the wife is not in contradiction with the husband’s right so it is appropriate.
Manuscript profile
