The Protection of Divorced Rights in the highhanded divorce Damages in the legal systems of Iran, Iraq and Algeria

Document Type : علمی - پژوهشی

Authors

1 Shahidbeheshtiuniversiti

2 Shahid Beheshti University, Family Research Institute

10.48308/jfr.2024.234554.1693

Abstract

Family, as the core unit of society, plays a crucial role in fortifying and enhancing the social fabric. Nevertheless, the sanctity of the family institution may encounter challenges. Sharia Hakim empowers men to dissolve marital bonds, yet it does not grant license for unjust actions. In instances of deviating from justice and unjust denial of rights, divorce is perceived as arbitrary. This research aims to identify the institution of highhanded divorce and predict its damages in Iran through a comparative study with Iraq and Algeria, all in pursuit of justice. The research is applied, utilizing an analytical-fundamental method.
Findings indicate that though Iranian laws do not explicitly stipulate compensation for highhanded divorce damages, it aligns with religious decrees, serving as a preventive measure against the misuse of the right to divorce. In Iraq and Algeria, spouses are obliged to compensate for damages in highhanded divorce. These measures support wives' rights and prevent the abuse of the right to divorce. In both legal systems, divorce must be unilateral for the possibility of compensation to exist. Additional factors such as voluntary divorce, lack of spousal consent, and harm occurrence should also be present as complementary conditions.

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Journal of Family Research

Articles in Press, Accepted Manuscript
Available Online from 16 March 2024

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