Hi friend’s , i,ve got knowledge about the divorce of shia woman. this is happening in Iran. can anyone
especially my sister’s belonging to shia sect make it confirm if they have knowledge or from any shia scholar
about under given details. when they read it , they ask question if the husband is not ready to give khulla divorce in any condition
,then can she get separation from him .Because shia sect do nat accept the divorce of a court. thanx
No. 7 - 3 -** Divorce and Women’s Options: Law and Practice in Iran
**
By: Ziba Mir-Hosseini*
In the legal conception of divorce, there is a difference between
men’s and women’s rights, which is also reflected in the language a woman
is either divorced or has to seek to be divorced. This conception is
embodied in 29 Articles (1120 -1149) of the Civil Code, whose essence is a
man’s right of talaq, that is, his exclusive right to terminate a marriage at
any time, he needs neither grounds nor the consent of the wife (Article
1133). In its legal structure,talaq is an act of iqa as opposed to marriage,
which is an act of aqd. The difference between the two is that aqd is a type
of legal act that requires the consent of two parties, its formula containing
offer and acceptance; while iqa is a unilateral act which acquires legal
effect through the declaration of only one party; in the case of talaq the
husband.** Shia woman cannot be released from marriage without her husband’s
consent, although she can secure her release through offering him
inducements, by means of either khul or mubarat. In khul, separation is
claimed by the wife because of her extreme dislike ikrah of her husband,
and there is no ceiling to the amount of compensation ('awad) that she pays
(Article 1146). **In mubarat, on the other hand, the dislike is mutual and the
amount of compensation should not exceed the value of the ill9-b! itself
(Article 1147). These two are commonly referred to as divorce by mutual
consent.