Criticism of law and judicial procedures in enforcing divorce

The execution of divorce verdicts is a controversial issue in family courts. The controversy was intensified after the law for determining the validity duration of “compromise impossibility certificate” was passed in 1376 [H. S.]. This disagreement is rooted on the one hand in the ambiguity of the concept of “compromise impossibility certificate” and on the other hand in the legitimacy of sending a representative by the court to execute divorce in case the man is not present. Thus, it is necessary that the legislator determine the conditions of the execution of the above-mentioned law through clarifying the legal phrase “compromise impossibility certificate” and “observing the religious conditions” in clause B of the article. It is also necessary that supervising authorities control the process of judgment so as to prevent judges from biased interpretations of legal texts. This paper deals with subjects such as the nature and types of divorce, determining a time span for executing divorce, and compromise impossibility certificate. Finally, suggestions are proposed to remove ambiguity from the phrase “compromise impossibility certificate” and to limit issuing divorce certificates to men’s request in case of compromised divorces.