نوع مقاله : مقاله پژوهشی
1 استادیار گروه فقه و حقوق، دانشگاه آزاد اسلامی واحد اردبیل، اردبیل، ایران
2 کارشناس ارشد حقوق خصوصی، دانشگاه آزاد اسلامی واحد اردبیل، اردبیل، ایران(نویسنده مسئول)
عنوان مقاله [English]
Divorce is a conviction that the shia jurisprudence has accepted as a reprehensible solution. As divorce, in addition to being accepted by Islamic jurisprudence, is one of the acts that has not been welcomed by the elders of the religion. In the Iranian legal system, also, there are three strict views on how to prevent the disintegration of the family unit as much as possible. Divorce in Iranian law is divided into Bain and Raj'i divorces, and among these two types of divorce, dismissal divorces and struggles have been established. However, according to God's command in the Qur'an, as well as the laws governing the family, divorce is at the man's disposal and he may divorce his wife by fulfilling certain conditions, although the legislature, in the place of judicial divorce, also has the conditions to demand divorce. He has provided for the couple in the Civil Code. Therefore, it cannot be stated that divorce is only a one-sided practice, but in the case of it’s persuasiveness, the two reasons for divorce by a man need to be proved. In Indian law, divorce laws apply to the Hindu, Zoroastrian, Muslim, and Christian communities. this the present paper uses a descriptive and analytical method trying to respond to the following questions: what is divorce in the legal system of Iran and India? what is the point and differentiation of the legal system of Iran and India around the divorce?