Reviewing Mandatory Divorce and Minor Divorce from Jurisprudence-Legal Viewpoint

Subject Areas : Private law

Hakimeh Sadat Mehdizadeh ¹ , Hossein Namazifar ² , Mostafa Ameri Siahvoei ³

1 - تهران
2 - قزوین
3 - قم

Received: 2017-05-02 Accepted : 2017-05-02 Published : 2017-01-20

Keywords: divorce, Divorce lawyers, Divorce minor, Irrevocable divorce, Revocable divorce,

Abstract :

From long ago divorce has been accepted in laws and cultures with certain limits and constraints. Also in Islam divorce has got specific sentences and conditions and religious scholars have spent centuries to investigate and explain it. The fact that civil laws are derived from religious orders has not been ignored on the matter of divorce and includes those orders derives from jurisprudence scripts, although we sometimes observe silence and legal gaps or ambiguity in legal acts and this fact is seen throughout some cases of divorce, including mandatory divorce and minor divorce which their nature and orders have been clearly described, but the law has kept silence on determining its origin and type. For that matter and to solve problems and commentary on legal acts on this subject, reviewing from jurisprudence way and its implementation to the low has been a big help and has short its similarities and differences. This article has been edited for that purpose and acknowledges mandatory divorce as revocable and minor divorce as irrevocable.