The reasons for the divorce request of the wife in primary precepts

Document Type : -

Authors

1 Assistant Professor, department of Islamic Law, faculty of theology, Alzahra University, Tehran, Iran.

2 Associate Professor, department of Islamic Law, faculty of theology, Alzahra University, Tehran, Iran.

10.30465/ws.2025.48478.4087

Abstract

According to Islamic jurisprudence and civil law, the husband has the exclusive right to divorce, but the wife cannot request a divorce from the court except in special circumstances. The causes of wife's divorce, such as Ila and Zehar, has been the right of the wife and prevent the abuse of the husband. But today, we see that most of the causes of the wife's request for divorce in the law are in the form of secondary rulings, which cannot prevent the abuses and rights of the wife. This article is an attempt to answer the question of whether a wife cannot request a divorce under any circumstances except for Ila and Zehar, based on the primary percept and without paying fidya by descriptive- analytical method? In this regard, after examining the evidence and judicial opinions in the discussed cases, based on Imamiyyah jurisprudence, the wife can ask the court for reformation of the husband in cases of non-fulfillment of marital duties by the husband, non-payment of maintenance, and misconduct of the husband, and in case of non-reformation, must ask. So, in cases that someone afraid of getting involved in sin, divorce is obligatory.

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History

  • Receive Date: 07 March 2024
  • Revise Date: 12 May 2024
  • Accept Date: 14 August 2024

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