An Analysis of the Legal Regulations of women from Ratification to Execution: Contraction Conditions

According to article 1133 of the Iranian civil law, a man can divorce his spouse whenever he wishes, but a woman is deprived of her right to get divorced except for the following cases: osr-o haraj, non-payment of the alimony, and the missing of the spouse for a long time. Though article 1119 of the civil law has provided the parties of marriage contracts or other separate irrevocable contracts with the possibility of adding their own conditions to the contracts, but the indifference of the public to this article and, as a result, the displeasing aftermaths of women's deprival of their right to claim divorce encouraged the High Judicial Council to incorporate some conditions into the formal marriage contracts to provide women with the right to get divorced under certain circumstances, on the one hand, and to give financial support to women who accomplished their matrimonial duties very well, yet their spouses want to divorce them, on the other hand. This paper is to study and discuss over the conditions of marriage contracts with reference to their practical vacuums and, after removing the ambiguities, propose some legal propositions for a better use of these conditions.