Examining the issue of divorce in Iran after the Islamic Revolution and Jurisprudential-legal approach to it by emphasizing the category

Divorce in Iran after the revolution and especially in the last decade has grown increasingly. This is rooted in various factors such as economic issues, age difference, class differences, difference in education level, addiction, infidelity, etc., one of which is Nashuz. The subject of this article is to examine the causes of the growth of divorce in Iran after the revolution and to apply jurisprudential-legal approaches to it, emphasizing on this category. The main question of the research: what are the characteristics of jurisprudential and legal approaches to the issue of Nashuz? The hypothesis that is raised following this question: the approach of jurists is based on prohibition or prohibition, and the legal approach is based on the guarantee of civil and criminal enforcement. The results of the research show that some jurists consider the negation of guilt in divorce as a sign of its permissibility. On the other hand, the legal attitude, by distancing itself from the absolute male right to divorce, considers possibilities for judicial divorce of the wife; that the possibility of not having sexual intercourse with a couple is considered in two types of verbs and abstinence. Therefore, if a man exposes his wife to continuous violence and creates unbearable conditions for her due to sexual deviations and misbehavior, the wife can, citing paragraph 4 of the note of article 1130 of the civil law, ask the court apply for divorce and if there is no result of forcing the couple to divorce, have the right to judicial divorce. The research method in this article is to collect the available sources and refer to the relevant statistics in a library manner and analyze the obtained data.