A Comprehensive Analysis of Consensual Divorce in Iran's Legal and Social Systems
Subject Areas : Civil LawAmir Lotfi 1 , Amin Najafian 2 , Fatemeh Shadhan 3
1 - Student of Master’s Degree in Private Law, Department of Law, Ahrar Institute of Higher Education, Rasht, Iran..
2 - Assistant Professor of Islamic Jurisprudence and Foundations of Islamic Law, Department of Islamic Jurisprudence and Foundations of Islamic Law, Faculty of Humanities, Shahid Mahallati Islamic Sciences University, Qom, Iran.
3 - Faculty Member in Public International Law, Department of Law, Faculty of Humanities, University of Baghdad, Baghdad, Iraq.
Keywords: Mutual consent divorce, Iranian legal system, family counseling, psychological effects of divorce, child custody, dower and maintenance,
Abstract :
Consensual divorce, as one of the ways to end married life in Iran, has experienced significant growth in recent years. This type of divorce takes place with the spouses’ agreement on all financial and non-financial matters such as mahr, alimony, child custody, and visitation, and compared with other types of divorce, it has a simpler and less contentious process. The present article, from a multidimensional perspective, examines the legal foundations, social causes, psychological effects, and strategies for reducing the harms resulting from consensual divorce.This article analyzes consensual divorce as one of the most common types of divorce in the legal system of Iran. Its aim is to examine the legal process, social and psychological effects, and its advantages and disadvantages compared with other forms of divorce. It also addresses the role of family counseling and the court in accelerating or reducing the negative effects of this type of separation.
1. Asadzadeh, M. R. (2021). Family law in the Iranian legal system. Dadgostar Publishing. [In Persian]
2. Bolvardi, T., Bolvardi, Z. M., & Aghajani, M. (n.d.). Determinants of the tendency toward consensual divorce. Journal of Qualitative Research in Health Sciences. [In Persian]
3. Civil Code of the Islamic Republic of Iran. (n.d.). Marriage and divorce chapter (Articles 1120-1157). [In Persian]
4. Executive Regulations of the Family Protection Law. (2015). Ministry of Justice of the Islamic Republic of Iran. [In Persian]
5. Family Protection Law. (2012). Articles 25, 26 and 28. [In Persian]
6. Ghasemi, A., & Saroukhani, B. (n.d.). Factors related to divorce in couples applying for consensual divorce (Kermanshah city). [In Persian]
7. Hosseini, R., & Jafari, M. (2021). The impact of economic pressures on couples' decision-making for consensual divorce. Journal of Applied Psychology Research, 8(4). [In Persian]
8. Judiciary of the Islamic Republic of Iran. (n.d.). Family services guide. https://www.mizanonline.ir [In Persian]
9. Kiani, F. (2022). Investigating the factors affecting the increase in consensual divorce in metropolitan Tehran. Iranian Social Studies Quarterly, (2). [In Persian]
10. Kulayni, M. Y. (n.d.). Al-Kafi. Dar al-Kutub al-Islamiyyah. [In Persian]
11. Mohebbi, S. F. (2012). Sociological explanation of divorce. In Strategic thoughts on women and family (pp. 961-984). Payam-e Edalat. [In Persian]
12. Mohammadi, Z. (2020). Family psychology and the issue of divorce. Rooshd Publishing. [In Persian]
13. Mousavi, S. (2020). Critical analysis of the litigation process in consensual divorce. Judiciary Legal Journal, (112). [In Persian]
14. Mozaheri, A. A. (2019). Sociological analysis of divorce in Iran. University of Tehran Press. [In Persian]
15. National Organization for Civil Registration. (n.d.). Annual report on marriage and divorce. https://www.sabteahval.ir [In Persian]
16. Roshani, S., Tafteh, M., & Khosravi, Z. (n.d.). Meta-analysis of divorce studies in Iran in the last two decades (1998-2018) and providing strategies to reduce divorce and its negative consequences for women and children. [In Persian]
17. Saroukhani, B. (1997). Divorce: A research on understanding the reality and its factors. University of Tehran Press. [In Persian]
18. Shariati, E., & Safdarzadeh, S. F. (2017). Nature and effects of consensual divorce in jurisprudence and law. Women and Family Cultural-Social Council Quarterly, 20(78), 89-106. [In Persian]
19. The Holy Quran. (n.d.).
20. Timouri, N. (2018). Consensual divorce and its effects on family relationships. Legal View Publishing. [In Persian]