Investigating the right or the verdict of option in reversion of the husband in revocable divorce in Jurisprudence and Iranian law point of view

The right and/or the verdict of option for the husband toward his spouse in revocable divorce is identified in article 1148 of the Civil law and legal sources and is the source of dispute. Some jurisdictions know it as “right” which can be scrapped and reconciled and others define it as verdict that cannot be scrapped. This dispute is originated due the fact that distinction between the right and verdict is difficult while both have been expressed by the legislator. Despite the criticism leveled against some of the diagnostic criteria of the right and verdict such as transmissivity and scrapping and their deficiencies, but investigating the causes of right and verdict is still the best way of diagnosis. Accordingly, the verdict of option in revocable divorce for the husband with abovementioned standards, specially the causes, can be proved via verses and hadiths. The ability of scrapping of the option in revocable divorce for the husband and also the permit of reversion of the husband to the wife despite of scrapping in his option can be extended whether it is a right or verdict. Therefore, proponents of both views contemplate it as a possible decision to scrap it with peace and with the permit of revocation. Consequently, this conflict has no result. Also, although some jurisconsults such as Imam Khomeini has asserted that the option for the husband toward his spouse in revocable divorce is a verdict, in some other cases they have regarded it as a right.