Jurisprudential explanation of the institution of arbitration between spouses based on verse 35 of Surah Nisa
Subject Areas : Quarterly Sabzevaran Fadak
hojat AZIZOLAHI
1
(TEH)
Keywords: arbitration, divorce, consolidation, marital discord, divorce.,
Abstract :
According to the relevant laws, it is mandatory to receive a certificate of the impossibility of compromise from the court for the execution of the divorce decree; whether it is a request for divorce from the couple; And whether it is done by the agreement of the couple; And the law, based on verse 35 of Surah Nisa, obliges the court to decide on the issuance of this certificate based on the opinion of the referee; Therefore, it seems necessary to explain the different angles of the institution of wisdom from the point of view of jurisprudence and relevant laws; Therefore, it is necessary to examine the points of interpretation and jurisprudence of the mentioned verse; As a result, it can be said that it is not necessary to follow the customary formalities in other cases in the handling of family lawsuits according to the relevant laws and jurisprudence; Therefore, even though the selection of the arbitrator by the couple is mandatory; But if it is not observed; It does not affect the validity of divorce. And in the absence of each of the spouses, the decision of the judges is considered ineffective and non-enforceable; However, contrary to the famous theory of jurists, the law considers it mandatory to choose the ruling from among the relatives of the couple. And also the legislator, contrary to the famous theory of the jurists, who consider the payment of wages to the judges to be the responsibility of the