Citation

Bariklou AR. Int. J. Law Policy Family 2011; 25(2): 184-198.

Copyright

(Copyright © 2011, The author(s), Publisher Oxford University Press)

DOI

10.1093/lawfam/ebr001

PMID

unavailable

Abstract

Under Islamic law, the right of divorce belongs to the husband. The wife has no such right. However, for the protection of women, Iranian legislation has inserted a condition into the marriage contract delegating to the wife the power to divorce herself. This condition is made clear to the parties concerned, and accepted and signed by them at the time the marriage is registered. This article considers this condition from various aspects. One is whether the wife is bound to observe the best interests of her husband in the case of divorce. Another is whether she may exercise the delegated power in circumstances to which she has given her consent. The article also considers how the condition might be applied in cases where the couple is of different religions.

Language: en