A Study on Jurisprudence and Legal Bases for Codification of Nehle

In civil law, practicing the religious laws, the husband has the right to divorce. As for as every law may be abused by the rightful claims. The husband does this against the law and common law. So, legistlator has enacted laws to limit the husband will in cluding paragraph "B" of Note six of Divorce Act. As per of the perovisions of the first amendment to the Divorce Act, in the case that the divorce is not for the reason of wife's misconduct and maltreatment, the husband is condemned to Nehleh, the entire sum. As this word means "doing a thing voluntarily", its use for this financial right is an obstruction. In addition, in this paper we paid attention to the legal and juridical bases that considered for compiling this law. In general, there are four terms in relation to the legal basisof this rule and there are two terms, in relation to it sjuris prudential basis, that we have been deeply studied. In this paper, we have described theam biguities, comments and explanations that have been proposed for eachstate.