Contradicting the principle of consistency and the rules of harmlessness and no harm in exercising the husband's authority to divorce

Boazar, Roksana; Poorabdollah, Kobra

doi:10.30497/flj.2020.236146.1515

Contradicting the principle of consistency and the rules of harmlessness and no harm in exercising the husband's authority to divorce

Document Type : Specialized Article

Authors

Roksana Boazar ¹
kobra poorabdollah ²

¹ .

² inicersity imam sadiq. girls college

10.30497/flj.2020.236146.1515

Abstract

The main purpose of this research is studying the husband's authority to divorce without any need to reason and the harm imposes to wife in this issue. And considering to the plurality of judicial procedures in this regard and by using the harmless and no harm jurisprudential rules, is proved which kind of these rules is eliminated in case of the conflict between financial loss of the husband to pay the alimony and non- financial loss of the wife such as the psychological losses and the lack of adhering the wife to the common life. According to the findings of the study, non-financial loss of the wife, if there is a criterion, can take precedence over the financial loss of the husband. Furthermore, it shows if the legislator creates obstacles for the man who wants to divorce his wife for no reason and imposes costs to him, it will deter divorce. The realization of this theory can be an effective step in strengthening family and reducing the women's psychological and dignity damages.

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