Studying the Effects and the Ordinances of the Revocable Divorce (Raj i) with Considering the Legal Status of the Divorced Woman

After the revocable divorce (raj’i), until the husband has the right to take back the wife, the woman and man have a special legal status from the legal point. From one side, the divorce has established but it seems that this divorce has no effect in the relationship between husband and wife and both have rights and duties toward each other. From the other side, if man does not use his right to take back the wife and the period of it comes to end, the divorce has put its impact and results separation. In Islamic holy law and consequently in the positive law of Iran, during this time which man can take back to his wife, man and
woman have rights and duties toward each other. Because of these duties and rights, some Islamic jurists think that the divorced woman is considered as the wife for the man and there are no differences between the divorced woman and wife. Therefore, all effects and ordinances related to the wife are for her. Some other jurists believe that she is his wife but some rights and duties of wife extend to her. Each of these attitudes has its special consequences for the divorced woman. After studying, investigating and thinking and with regarding faults for each ideas, in spite of being accepted by the law of Iran and with paying attention to articles 1120, Article 8, clause 2 of the non-litigious jurisdiction act and Article 38 of Iran’s Family Protection Law codified 1392, it seems that the legislator has accepted the attitude of the divorced woman being the real wife based on ruling. But the divorced woman being the real wife is close to reality and expediency in both effects and the reasoning of such ordinance from the view of the holy law giver which are the coherence and disruption family system.