نوع مقاله : مقاله ترویجی
موضوعات
عنوان مقاله English
نویسندگان English
One of the issues of remarkable importance in the field of family rights is the permit or impermissibility of transferring the right to divorce and divorce waiver. In juridical teachings, the right to divorce is allocated to the husband and the wife plays no role .This brings up the question of the permit or impermissibility of transferring the right to divorce and divorce waiver. Jurists have different views on this issue. On the other hand, there’s no rule concerning this problem in the legal systems of Iran and Egypt. Since these two systems are based on the teachings of Shiite and public jurisprudence, one must notice the difference between them considering the permit or impermissibility of transferring the right to divorce and divorce waiver. Therefore, this thesis tries to study the concept and nature of divorce as well as the legal cases of the wife’s permit to divorce and the permit or impermissibility of transferring the right to divorce and divorce waiver to the wife that have not been studied so far. Comparative study of this issue shows that in both Iran and Egypt legal systems the right to divorce and divorce waiver is not transferable to the wife.
کلیدواژهها English