contraction conditions

“Osr-o Haraj” [hardship and fault] is a progressive Islamic jurisprudence rule which can be used for various issues and problems. One of the applications of the rule is in the case of divorce, where the woman, after proving the hardships of living with the man, can ask for divorce. However, so far the rule has only been used in the case of marriage in the Islamic law. After the Islamic Revolution, the instances of the application of the rule have undergone deep changes. This paper studies and evaluates laws concerning non-financial affairs of the family such as Osr-o Haraj, contraction conditions, and custody and explains the advantages of contraction conditions of article 1130 of the Iranian Civil Law. In this paper, in addition to studying the law in various stages and presenting statistics from family courts, the writer proposes the related legal vacuums and appropriate suggestions.

A legal study of fair equivalent and bridal giftPaying the fair equivalent [ojrat ol-methl] and bridal gift [nehleh] are part of women's rights at the time of divorce, which belong to them under certain circumstances. According to the law, if the woman did all the house chores, but the man still wanted to divorce her for any reasons, the woman would deserve the fair equivalent. Bridal gift, which has no return and is advisable to be paid, is a reward by the man to the woman. This paper deals with the jurisprudential foundations of the fair equivalent and bridal gift, their legal status, the conditions for the payment of the fair equivalent, and the related legal vacuums. The study showed that, in the present law, the fair equivalent is given to the woman only if the man wants to divorce her and if the woman has to ask for divorce under hard situations, she cannot benefit from the right. Thus, the paper suggests that if the divorce were due to distress and constriction, there should be no rejection for the payment of the fair equivalent.