نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسنده English
The registration of divorce, like other legal acts pertaining to family law, constitutes a statutory requirement, and non-compliance therewith is deemed a criminal offense. The historical background of this issue traces back to pre-Revolutionary Iranian legislation, and with respect to the fundamental principle involved, no substantial jurisprudential or legal controversy exists. Nevertheless, certain individuals, in disregard of this statutory obligation, proceed to pronounce the divorce formula (ṣīgha). Such parties are inevitably required to obtain judicial authorization for the registration of divorce in official registries. Judicial authorities, however, do not follow a uniform approach with regard to verdicts concerning informal divorce deeds: some courts endorse (validate) such divorce deeds on the grounds that the requisite religious formalities have been observed; others issue orders of inadmissibility of the claim due to non-compliance with pertinent legal requirements, including the failure to register in official registries; and still others deem such divorces null and void. The present study demonstrates that to consider an informal divorce as null and void is inconsistent with jurisprudential norms. Furthermore, the inadmissibility of a petition for judicial endorsement of an informal divorce engenders confusion among litigants and results in the curtailment of women's rights. Accordingly, family courts should oblige plaintiffs to register the divorce event and, prior to official registration, ensure that the wife's financial rights have been settled and that the presence or absence of a fetus has been ascertained. Nonetheless, to prevent the unilateral pronouncement of divorce by private individuals, "requiring divorce to be effected in official registries and criminalizing its performance by non-official parties" represents the most appropriate solution to this issue.
کلیدواژهها English
