THE LEGAL NATURE OF THE UNCONTESTED DIVORCE IN IRAN’ S LEGAL SYSTEM

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ALAVI SEIED MOHAMMADTAGI; ASHRAFI MEHDI

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Paper Information

Journal: Family Law and Jurisprudence Journal Year:2019 | Volume:23 | Issue:69 Page(s): 79-104

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Title

THE LEGAL NATURE OF THE UNCONTESTED DIVORCE IN IRAN’ S LEGAL SYSTEM

Author(s)

ALAVI SEIED MOHAMMADTAGI | ASHRAFI MEHDI | Issue Writer Certificate

Keywords

DIVORCEQ1

DIVORCE BY MUTUAL CONSENTQ1

KHULAQ2

MOBARATQ1

Abstract

One of the issues in the family protection law is recognized as the uncontested DIVORCE. The title is applied when the couples agree to get DIVORCEd in terms of compromise on children’ s financial and parental support or settlement agreement. They would officially split up when a judicial certificate of DIVORCE is presented at the family court. Although family law is adopted from Sharia but investigations indicates that in spite of its vast extension in family domains, the term has never been considered in the scripture. For the ambiguous nature of this type of DIVORCE, some jurists consider it as Khul’ or MOBARAT whereas some are aware of the peculiarity of uncontested DIVORCE nature. This article, investigating the differences between the uncontested DIVORCE and Khul' and MOBARAT, believes that the uncontested DIVORCE has independently no common feature with Khul’ and MOBARAT. It is neither DIVORCE nor dissolution, however only in the DIVORCE proceedings it follows the DIVORCE.

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APA: Copy

ALAVI, SEIED MOHAMMADTAGI, & ASHRAFI, MEHDI. (2019). THE LEGAL NATURE OF THE UNCONTESTED DIVORCE IN IRAN’ S LEGAL SYSTEM. FAMILY LAW AND JURISPRUDENCE (NEDAYE SADIQ), 23(69 ), 79-104. SID. https://sid.ir/paper/95278/en

Vancouver: Copy

ALAVI SEIED MOHAMMADTAGI, ASHRAFI MEHDI. THE LEGAL NATURE OF THE UNCONTESTED DIVORCE IN IRAN’ S LEGAL SYSTEM. FAMILY LAW AND JURISPRUDENCE (NEDAYE SADIQ)[Internet]. 2019;23(69 ):79-104. Available from: https://sid.ir/paper/95278/en

IEEE: Copy

SEIED MOHAMMADTAGI ALAVI, and MEHDI ASHRAFI, “THE LEGAL NATURE OF THE UNCONTESTED DIVORCE IN IRAN’ S LEGAL SYSTEM,” FAMILY LAW AND JURISPRUDENCE (NEDAYE SADIQ), vol. 23, no. 69 , pp. 79–104, 2019, [Online]. Available: https://sid.ir/paper/95278/en

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