Divorce and legal vacuums of adjudication

It is natural for couples to have disagreements because of personal differences, but this natural disagreement should not be so much as to shake the foundation of family. Thus, as Quran recommends us in chapter Nisa’ [women], after the emergence of the symptoms of disagreement, a family peace court should be formed to solve the problem. In the Iranian law, this is called jurisdiction of divorce to which the law maker should pay attention although there are deficiencies in the law. This paper deals with the foundations of jurisdiction, the development of law-making in jurisdiction, a study of the present law of jurisdiction, and an elaboration of legal impairments in the Iranian law. Then Iran is compared to Egypt, Iraq, and Syria in this respect. Finally, the paper suggests that the judiciary establish a sufficient number of branches for jurisdiction, along with family courts, composed of legal experts, family counselors, and psychologists to help courts to solve family disagreements.