A New Reflection on the Legal Nature of Divorce based on Imam Khomeini’s Viewpoints

Article 1133 of the Civil Code of the I. R. of Iran has given the right of divorce to men. A contemplation into the right of divorce for men is not affirmative of its legal nature, but also it shows strains of court verdict. Therefore, since the hypothesis may result in a change in the family rights, it requires careful review of the authentic sources. To that end, the two concepts of “right” and “verdict” must be first defined to make it clear that, first, what divorce would be like in either of the cases; and secondly, on what bases are the jurists’ theories regarding this debate. Each reason will be then analyzed and finally the principles governing the family will be presented based on the Holy Quran words and Imam Khomeini’s views on the issue to clarify the degree of divergence between the rightful theory and other views. Finally, it is necessary to present the results in the form of proposals to the legislature, apparently with an option to withdraw the above-said law. This paper has used a descriptive-analytical method and contains in its approach jurisprudential depth along with innovation in reasoning.