Scientific Journal of Law and Modern Studies

Scientific Journal of Law and Modern Studies

A comparative study of wife's hardship and embarrassment in Iranian, European and American law

Document Type : Research Article

Authors
Effat Hamzeh Hosein Abadi 1
Dr. Ghavam Karimi 2
Dr. Mehran Jafari 2
1 PhD student in private law, Faculty of Law, Islamic Azad University, Yasouj branch. (Corresponding Author)
2 Assistant professor and faculty member, Faculty of Law, Islamic Azad University, Yasouj branch.
Abstract
In this study, since private international law is the reflection of domestic private law of countries in the international context, while discussing the difficulties in domestic law of Iran, it is appropriate to refer to the relevant provisions of international law and if We will adapt the necessity of customs and traditions, social values and family rules of several countries. In case of conflict between the definitions and the laws regarding the issues raised in the case of hardship, it will be stated which court has jurisdiction in the disputed matter and which law governs it, and the description of the cases of marital hardship, according to the law of which country is possible. It is acceptable and how it will be treated through the conflict resolution rule. In Iranian law, according to Islamic jurisprudence, divorce is basically a man's right and a woman does not have the same legal status as a man. The results of this study show that in Article 1130 of the Civil Code of Iran, the issue of family hardship is briefly mentioned that if the hardship is proven, the woman has the right to file for divorce. In English law, divorce is divided into fault-based divorce and divorce without fault, while in Iranian law there is no trace of this division. The laws in Germany regarding family matters are slightly different from those in France, the United Kingdom and Canada, and emphasize the existence of a cold emotional relationship and separation between couples as the main reason for divorce. Divorce in the United States is governed by the laws of the individual in which it occurs. Divorce law terminates a marriage with a legal process passed by state law, and the petitioner or petition for divorce or dissolution is one of the parties.
Keywords
Trouble
Wife
Divorce
Iranian Law
International Law
1- Holy Quran.
2- Nahj al-Balagha.
3- Asadi, Leila Sadat, Shokri, Farideh, (2014), Procedures for Family Affairs and Lawsuits, Tehran, Imam Sadegh University Publishing.
4- Akbari, Seyedah Leila, (2019), examining the right to divorce a wife from the perspective of Islam and international law, National Conference on Modern Researches in Management, Economics and Human Sciences, Kazerun.
5- Amini, Azam, Naseri, Zainab, (2018), review of the rule of Asro Harj and its legal application in the divorce issue, the first international conference on jurisprudence and law, advocacy and social sciences, Hamedan.
6- Izadi Fard, Ali Akbar, Kaviar, Hossein, Diyani, Abdul Hossein, (2013), Analytical study of the obligation or non-obligation of divorce by the spouse in Imami jurisprudence, Family Research Quarterly, Year 8, Number 30.
7- Pilehvar, Marzieh, (2016), Examining the condition of wife's representation in divorce, Specialized Quarterly Journal of Jurisprudence and History of Civilization, Faculty of Theology, Islamic Azad University of Mashhad, No. 11.
8- Javadan Siret, Afshin, Badisar, Seyed Naseruddin, Babaei, Dariush, (2019), comparative study of the conflict of laws governing marriage and divorce in comparative jurisprudence and private international law, the second international congress of interdisciplinary research in Islamic humanities , jurisprudence, law and psychology, Tehran.
9- Javadi Amoli, Abdullah, (2016), The balanced family and its rights, research and compilation: Ebrahim Javanmard Farkhani, first edition, Qom, Esra Publishing Center.
10- Shariati, Elham, Vali Hesari, Marzieh, (2016), Couples' sexual rights in jurisprudence and subject law, Tehran, Khorsandi publication.
11- Shahriari, Mitra (2015), Divorce request due to hardship and embarrassment caused by hatred, First International Comprehensive Law Congress.
12- Saberi Safai, Abdul Ali, (2016), Causes and Effects of Divorce in the Civil Laws of Iran, France, the Soviet Union, and Egypt, first edition, Tehran, Tehran University Press.
13- Saneyi, Youssef, (2016), Mandatory Divorce on Man, Compilation: Cultural Institute of Fiqh Al-Saghalin, First Edition, Maysham Tamar Publications.
14- Abdi, Yaser, Jafarzadeh, Jafar, (2018), investigating the reasons for divorce at the request of the wife in Iranian law (comparative study), World Conference on Psychology and Educational Sciences, Law and Social Sciences at the beginning of the third millennium, Shiraz.
15- Arab Nazargah, Mahbubeh, (2017), investigation of the legal nature of dowry, its relationship with permanent marriage in the Islamic family law system, Tehran, publishing company.
16- Fahimi, Azizullah, (2015), Studying the Jurisprudential and Legal Nature of Dowry, Qom, Center for Islamic Information and Documents.
17- Katouzian, Nasser, (2014), family civil rights course: marriage and divorce, husband and wife relations, Tehran, publishing company.
18- Gurji, Abolqasem et al., (2014), comparative study of family law, first edition, Tehran, Tehran University Press.
19- Mohaghegh Damad, Seyyed Mostafa, (2015), Laws of Contracts in Imamiyyah Jurisprudence, Tehran, Organization for the Study and Compilation of Humanities Books of Universities (Samt), Humanities Research and Development Center.
20- Mousavi Khoshdel, Seyyed Samad, (2014), Divorce, Men and Women, book review, third year, number 3, serial number 12.
21- Mehrpour, Hossein, (2013), discussions of women's rights, from the perspective of domestic law, jurisprudential foundations and international standards, first edition, Tehran, Information Institute Publications.
22- Vatani, Amir, (2017), a comparative study of absent wife divorce in jurisprudence and law, Journal of Faculty of Literature and Human Sciences (Khwarazmi University).
23- Ambroise, Colin(2019) Henri, Capitant, Cours elementaire de droit civil francais, Paris, Librairie
24- Dalloz, 7th edition. Jacqueline, Carbonnier(2018) Rubellin Devichi.
25- Georges, Hubrecht & Georges, Vermell(2020) Droit civil, (Sirey 14e edition)
26- Helli YS, Al-Jame' for Sharia. Qom: Sayyid Al-Shuhada Al-Alamiya Foundation. 2019
27- J.Masson and S.Mc Rentney (2017), Principles of Family Law, Sweden, Sweet and Maxwell, Sixth Edition
28- Mazeaud (Henri Et Leon), Traite theorique et pratique de la responsabilitie civil delictulle et Contractulle. T.I et II et III e'me edition, Paris? Sirey, 2019.
29- Perry Stephan risk harm and responsibility in philosophical foundation of tort law. edition by David G-Owen 2018.
30- Ramezanzadeh et, Unusual intercourse and its jurisprudential consequences, Tehran: Medical jurisprudence; Spring 2018
31- Tune, Andre, international encyclopedia of comparative law. Torts, volume 11, London, martinus publishers, 2020.

  • Receive Date 14 April 2022
  • Accept Date 23 May 2022