Judicial Divorce and Its Nature

According to the Iranian rules, divorce is within the jurisdiction of the husband, and only in special cases is the wife entitled to request divorce from the court, which is called ‘jud-icial divorce".The issue that matters in the disc-ussion of judicial divorce is its nature; which may bring different effects.There is a disagreement about the nature of judicial divorce; some believe that it is a revocable divorce while some others consider it as irrevocable. The arguments of both sides indicate significant and fund-amental flaws The third viewpoint presented prop-ortionate to the characteristics of jud-icial divorce in this paper is that this kind of divorce is to be considered as ‘irrevocable in kind’.This viewpoint not only removes the defects of the previous opinions, but also offers a fundamental step towards the protection of the family structure, the preservation of women rights and the prevention of probable abuse by men.