Gender socialization, as one of the most basic types of socialization, affects a person's individual and social life, including the stability of his or her marital life. The aim of this study was to explain the relationship between gender socialization and divorce between 178 divorced women and 222 women with emotional divorce, which was conducted by survey method in Bandar Abbas. This study used biological and social theories to explain gender socialization and theories of structural functionalism and the love triangle to explain divorce. In the present study, simple and stratified random sampling proportional to volume was used for women with emotional divorce and chain sampling was used for divorced women. Questionnaire data were collected through interviews and face validity was confirmed through literature review and expert judgment, structural validity was confirmed by factor analysis and its reliability was confirmed by Cronbach's alpha. The results showed that gender socialization of 29.4% of divorced women and 70.6% of women with emotional divorce is traditional, and on the other hand 60.2% of divorced women and 39.8% of women with emotional divorce, Had a modern gender socialization. According to the results of Chi-square test, there is a significant relationship between the type of gender socialization of women, gender values, gender inequality and power relations with the type of divorce. Accordingly, women with emotional divorce have a more traditional outlook than divorced women.

Under the civil code, divorce is one of husband's authorities. He can divorce his wife any time. The only restriction to this right is bringing an action in court. As such this right maybe abused. This paper discusses divorce right abuse and preventive ways of it and looks at compensation strategies for divorcee. Some methods for prevention of abuse of divorce, when the husband doesn't apply it, are "Khol", "Mobarat" and divorce by court. Another method used in situation that the man unjustifiably applys it, is divesting the intended effect by abuser. The legislator obliges the husband to pay money or do other methods of compensation for compensation of divorced woman. Moreover spiritual damages are repairable.

In positive law influenced by Imamiyyah jurisprudence, the right to divorce belongs to men. However, the ability to divorce without any reason has led to the weakening of the family institution. The question now arises whether it is possible to limit or prohibit the right to divorce through a marriage agreement or other contracts. Using the analytical descriptive method, this research examines both the perspectives and evidences of those who argue against the validity of such restrictions and those who endorse them. The legitimacy of contractual limitations on the right to divorce is established by this article according to verses of Holy Qur'an, hadiths, and jurisprudential principles such as the principle of "La-Zarar, " justice, the principle of family protection, and freedom of contract. Furthermore, the context of the revelation of the Holy Qur'an and the principle of prevention of abusing the right to divorce are analyzed. As such, it is considered legitimate for a husband to undertake a binding condition that restricts his right to divorce. Such a term may specify that the husband cannot divorce his wife except under certain circumstances, including impotency or disobedience.

Family plays an important role in jurisprudence and social laws and the Islamic lawyer has determined the parties’ freedom because of the dependence of the society’s living to the families’. Jurisprudents and lawyers definitely know the divorce right as the right for men and leave some exceptions for women. The present article studies the different points of view of jurisprudents on the right of divorce in the cases that this right is given to women such as power of attorney to other than wife, when both wife and husband desire to divorce (Osro Haraj).

In Arabic, the term "talaq" (divorce) means to let go, and it was used by Arabs before Islam to refer to separation from one's wife. Islamic law recognizes various forms of divorce, and divorce is generally considered to be a man's prerogative. However, this emphasis in Islamic jurisprudence and civil laws has raised human rights concerns, challenging the gender-biased nature of Islamic principles. This research aims to re-examine the Quranic verses related to the right to divorce. This article seeks to address the extent to which the Quranic foundations of the right to divorce can be invoked and whether the notion that divorce is a man's prerogative and that it is he man who must decide on divorce has any Quranic basis.Based on the findings of this research, conducted through a comparative analysis of marriage and divorce verses, it was found that the verses related to the necessity of women's consent in marriage, the injunction to love and mercy between spouses, women's rights in marriage and divorce, the need for agreement and consent of both parties in the contract, and the right of enslaved and free women to consensual marriage and divorce indicate that the concept of men's right and prerogative to divorce needs to be re-examined and its Quranic documentation critically studied. In other words, it cannot be accepted that based on the Quranic verses, marriage, whose main pillar is the consent of both parties and is intended for mutual understanding and affection, should be solely in the hands of one of the spouses at the time of separation

Explaining the nature of the subjects of rulings in terms of being right or ruling, has several effects in terms of documenting the will of the addressee of the ruling or being limited to the religious address and the requirements arising from it. (Purpose) The issue of divorce, whether it is at the disposal of the couple or it is the subject for the legislator (Shari') to determine in terms of action and omission, requires the determination of the right or ruling in its nature. (Findings) Some believe that divorce by the couple is initially an obscene ruling that in the conditions of necessity, acceptance, sanctity and hatred, it is ordered to act or leave it, and there is not any case that the couple can dissolve with one-sided consideration of personal interests. On the other hand, some people believe that if the supreme interests of the family are not observed, the divorce will never be valid from the point of view of the legislator (Shari') and its validity is a problem, and even if the divorce would be right, the abuse of this right will not be allowed. To be done unjustly and cruelly. But in the third consideration, one can consider a compound nature for divorce and accept that the conflict between right and judgment in the theoretical level does not necessarily lead to the monopoly of natures in practice, because by assuming the divorce would be right and that the conflict between Rights and duties are additional categories, the right to divorce can be considered as an additional category and a compound status, and it requires the obligation to provide for the interests of the family and its criteria are determined accordingly. (Research method) In the present study, which is done by descriptive-analytical method the library information and documents have been researched. (Conclusion) It has been proved that the nature of divorce is in the additional categories and based on the relation that it establishes with the priorities of marital duties, would be limited in actions.

The original attitude toward men and women in the rules of Holy Quran sometimes reveals a different religious knowledge regarding the past. In Islamic Law, they often believe in the principle of equal rights for men and women, however, about divorce, the well-established theory is that divorce is performed by husband due to differences between man and woman in terms of creation. But the main question is that as for the acceptance of man and woman equality in dissolution of marriage in International Human Rights Law, whether this opinion is compatible with Islamic Law. The present study shows that women have long had the right to divorce, and the grounds of divorce at the request of the wife or under the agreement of the couple is, in fact, recognition of legal or contractual right to divorce for the spouse. Agreeing on the theory of the necessity of Khul’ and Mobarat divorce on husband, and exclusion of these two from types of divorce, and its being initiated by the unilateral will of wife is indicative of the claim that we have to put our foot further beyond and “ keep her in acceptable manner or release (her) with a good treatment’ should be interpreted in a more modern way: when husband is unable to treat his spouse well, it is necessary (for him) to initiate divorce, and wife reciprocally can get divorced, so she can originally ask the court for it. This is an interpretation which is in line with the rules of human rights on eliminating discrimination against women.

Background and Aim: In civil law, based on Imami jurisprudence, particularly the rule of "Divorce is in the hands of the one who marriages" the authority to divorce is entrusted to the husband as the first rule. However, as marriage is a contract that creates material and legal effects between the couple, consequently, there are a series of duties and rights based on the principle of justice between the couple, so the wife’, s right to divorce can be granted in certain conditions,one of the predictable positions would be cases in which the wife suffers from excessive medical impairments. Now the authors' question is that considering the focus of jurisprudence and law on legal cases under the rule of "no hardship" (La Haraj), are there any emerging medical predicaments based on which the right to divorce can be delegated to the wife? Materials and Methods: This research has been written by a descriptiveanalytical method and it has been tried to study some emerging examples of painful therapeutic incidences which grant the wife’, s right to divorce according to the focus of jurisprudence and law on traditional examples under the rule of "no hardship". Findings: Although in the early legislative system or jurisprudential writings, the primary focus on granting the wife’, s right to divorce was narrowed to a series of classic examples, by analyzing the original jurisprudential sources and isolating the adequate causes, it was found that in some cases in which the wife suffers from physical, sexual or Spiritual difficulties in the family, based on the criteria of jurisprudence and law, mainly based on the application of the rule of hardness and embarrassment, acquiescing the wife’, s right to divorce is considered permissible and inevitable.

Justice is one of the most significant principles in Islamic teachings which is ripe with ethical causes and values. Islam has put a lot of emphasis on marriage. Marriage creates rights and responsibilities for couples. The analysis of the differences of these rights in Imamiyeh Jurisprudence and article 16 of the convention on the Elimination of Discrimination against Women deserves scrutiny. This Convention has determined equal rights for couples. One of the controversial issues is the directorship of husband in family. Due to The necessity of a head or director in any society, the directorship of husband is an administrative and not authoritarian one; so wife is not obliged to obey her husband in her personal affairs. In this paper, offering a new interpretation of the concept of directorship and relating it to the economy of family, I have tried to reconcile between the convention and the rule of religion. It seems advisable for the legislators to amend the laws via understanding the principles and eliciting them from the Holy Quran, tradition and the Islamic society customs, and setting appropriate criteria.