The Judge's Authority For a Divorce In Case of the Husband's Ill-conduct Provided it is Not a Hardship to the Wife

In accordance with religious law­(Sharia) and the stipulation of Article 1133 of the Civil Code of Islamic Republic of Iran, divorce is one of the husband's legal rights; however in some cases such as the unaccountability of the absence of the husband or his inability to support his family, the wife can also file for divorce. An important issue that this article also addresses is whether the wife's right to divorce is limited to the above-mentioned cases, or in all cases of the realization of the man's ill-conduct, the ruler (judge) at the request of the woman, despite her husband's wayward disposition and determination, can grant her a divorce? By citing verse 229 of surah Baqarah­(The Cow) and similar verses, the author sets out to prove this matter that the above-mentioned ruling of the realization of the man's ill-conduct is extendable and in case of realization of instances of the man's ill-conduct, the wife can petition the ruler for a divorce without the need of proving hardship. Verses of the Holy Quran and traditions, especially verse 229 of surah Baqarah, which has used two interpretations "keep­(her) in an acceptable manner" or "divorce­(her) with good treatment" shows that in marital life it is obligatory for the husband to choose one of the two ways toward his wife: Either by doing all his duties, adequately providing all, or her rights divorcing her and releasing her with good treatment. According to this principle, if the rights of the wife are not respected, the judge can, at the request of the wife, force the husband to divorce her and if force is not effective the judge can, despite her husband's lack of desire, divorce her. The actualization of this theory can be an effective step in the realization of women's rights and the prevention of the violation of their rights in marital life.