AN EVALUATION ON THE ROLE OF REVOCABLE DIVORCE IN MAINTAINING THE FAMILY WITH A CRITIQUE OF LEGISLATIVE AND JUDICIAL POLICY

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KHAZAI MEISAM; SHOJAEE RAZIYEH

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Journal: Family Law and Jurisprudence Journal Year:2018 | Volume:23 | Issue:68 Page(s): 73-96

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Title

AN EVALUATION ON THE ROLE OF REVOCABLE DIVORCE IN MAINTAINING THE FAMILY WITH A CRITIQUE OF LEGISLATIVE AND JUDICIAL POLICY

Author(s)

KHAZAI MEISAM | SHOJAEE RAZIYEH | Issue Writer Certificate

Keywords

FAMILYQ1

DIVORCEQ1

REVOCABLE DIVORCEQ1

Abstract

Revocable DIVORCE is a type of DIVORCE in which the husband can return to the former marriage by rejoining the wife during Iddah. Many studies have already presented the role of revocable DIVORCE as the FAMILY amendment. The present study tries to investigate this role as well as to assess the current legislative and judicial policy in Iran. By examining the Quranic evidence, narrations and decrees of the jurists the revocable DIVORCE is one of the wisest devices for the survival of FAMILY unit that is considered in Islamic law; provided that the husband rejoins the wife with reconciliation intention. Regarding the possibility of detriment intention of husband to abuse the wife, the husband is allowed to rejoin the wife only twice according to the Islamic Law. Considering the benefit of revocable DIVORCE, Iran’s legislature however, adopts a neutral uncaring viewpoint on subsequent issues, for instance, the ignorance of the right of residing in a shared house after the DIVORCE. In addition, long formal processes of DIVORCE or bad attitude of judges generally ends with the issuance of irrevocable DIVORCE. Regarding the current trend in the courts of Iran this malfunctioned procedure should be amended for the benefit of revocable DIVORCE.

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APA: Copy

KHAZAI, MEISAM, & SHOJAEE, RAZIYEH. (2018). AN EVALUATION ON THE ROLE OF REVOCABLE DIVORCE IN MAINTAINING THE FAMILY WITH A CRITIQUE OF LEGISLATIVE AND JUDICIAL POLICY. FAMILY LAW AND JURISPRUDENCE (NEDAYE SADIQ), 23(68 ), 73-96. SID. https://sid.ir/paper/95317/en

Vancouver: Copy

KHAZAI MEISAM, SHOJAEE RAZIYEH. AN EVALUATION ON THE ROLE OF REVOCABLE DIVORCE IN MAINTAINING THE FAMILY WITH A CRITIQUE OF LEGISLATIVE AND JUDICIAL POLICY. FAMILY LAW AND JURISPRUDENCE (NEDAYE SADIQ)[Internet]. 2018;23(68 ):73-96. Available from: https://sid.ir/paper/95317/en

IEEE: Copy

MEISAM KHAZAI, and RAZIYEH SHOJAEE, “AN EVALUATION ON THE ROLE OF REVOCABLE DIVORCE IN MAINTAINING THE FAMILY WITH A CRITIQUE OF LEGISLATIVE AND JUDICIAL POLICY,” FAMILY LAW AND JURISPRUDENCE (NEDAYE SADIQ), vol. 23, no. 68 , pp. 73–96, 2018, [Online]. Available: https://sid.ir/paper/95317/en

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