نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسنده English
According to Iranian law and Egyptian family law, a woman does not have the right to divorce unilaterally and directly. Although the Egyptian legislator, with a different interpretation of divorce by khula, considers a woman entitled to divorce under conditions. The legislator in the Islamic Republic of Iran, following Islamic law, has considered such an option to be exclusive to the husband. This seems unjustified at first glance, in terms of conflict with the principles of equality between humans and human rights documents. Therefore, what is clear is that the jurisprudential approach of the legislator under conditions must be adjusted. In this article, which was compiled using library resources, while studying the laws of Egypt regarding granting the legal right to divorce to the wife, an attempt is made to recognize the right to divorce by the woman and to provide solutions to establish this issue. In summary, it should be stated that although granting the legal right to divorce to the woman is as necessary as a man, this can also have disadvantages. Disadvantages that can be eliminated by limiting her financial rights, including dowry, and ultimately leading to legal recognition of this right for her.
کلیدواژهها English
