An inquiry into judicial divorce caused by wife's incorporeal hardship with a reflection on judicial opinions

Document Type : Research/Original/Regular

Authors

1 Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Theology, Hakim Sabzevari University

2 Faculty of Theology - Department of Jurisprudence and Fundamentals of Islamic Law, Hakim Sabzevari University

10.22051/jwfs.2024.43667.2982

Abstract

Spiritual distress and hardship are hardships and hardships that affect a person's soul, mind and dignity. Due to the fact that this type of hardship and embarrassment is often neglected by the legislator in judicial divorce caused by the wife's hardship and embarrassment, the present research, which was carried out by a descriptive-analytical method along with the collection of documentary and library information, with a focus on jurisprudence and legal books It is related and several legal documents have tried to find examples of spiritual distress and distress, which is spiritual distress caused by psychological issues, spiritual distress caused by financial issues, and spiritual distress caused by judicial procedure, and it is often caused by the husband and the judicial procedure on the wife. To examine the statistics and the impact of spiritual hardship on divorce. According to the evidence of the law of hardship, in all the mentioned cases, spiritual hardship and hardship can give the wife the right to request a judicial divorce. In the end, two proposals have been made regarding the amendment of judicial procedure and the necessity of practical training for people before and after marriage.

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