A Comparative Study of the Ability of Abandonment and the Transfer of the Right to Divorce in the Islam Jurisprudence,  Iranian and Egyptian Law

Ahmadi Far, Rasoul; Bahari Moghadam, Samaneh; Kakavand, Mohamad

doi:10.22034/jml.2024.1983282.1215

A Comparative Study of the Ability of Abandonment and the Transfer of the Right to Divorce in the Islam Jurisprudence, Iranian and Egyptian Law

Articles in Press

Document Type : Promotional article

Authors

Rasoul Ahmadi Far ¹

samaneh Bahari Moghadam ²

Mohamad Kakavand ³

¹ Department of Law, Faculty of Literature and Humanities, Malayer University, Malayer, Iran

² Court

³ Malayer University

10.22034/jml.2024.1983282.1215

Abstract

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.

Keywords

divorce

right

rule

transfer the right to divorce

divorce waiver

Subjects