Journal Article

The Wife's Right of Divorce on the Basis of the Delegation Condition Under Islamic and Iranian Law

Ali Reda Bariklou

in International Journal of Law, Policy and the Family

Volume 25, issue 2, pages 184-198
Published in print August 2011 | ISSN: 1360-9939
Published online May 2011 | e-ISSN: 1464-3707 | DOI: https://dx.doi.org/10.1093/lawfam/ebr001
The Wife's Right of Divorce on the Basis of the Delegation Condition Under Islamic and Iranian Law

More Like This

Show all results sharing these subjects:

  • Family Law
  • Marriage and the Family

GO

Show Summary Details

Preview

Under Islamic law, the right of divorce belongs to the husband. The wife has no such right. However, for the protection of women, Iranian legislation has inserted a condition into the marriage contract delegating to the wife the power to divorce herself. This condition is made clear to the parties concerned, and accepted and signed by them at the time the marriage is registered. This article considers this condition from various aspects. One is whether the wife is bound to observe the best interests of her husband in the case of divorce. Another is whether she may exercise the delegated power in circumstances to which she has given her consent. The article also considers how the condition might be applied in cases where the couple is of different religions.

Journal Article.  6415 words. 

Subjects: Family Law ; Marriage and the Family

Full text: subscription required

How to subscribe Recommend to my Librarian

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.