Exclusiveness of Jurisprudential Referents of Duress in Duress Divorce of Wife with Emphasis on Imam Khomeini’s Viewpoint

The principle of distress and constriction is among the secondary but highly used and most important rules in Islamic jurisprudence. A major part of the developme[1]nts in family laws comes from this principle. Distress and constraint are the two factors that legitimize requests for divorce by the wife according to Islamic jurisprudence.
The majority of jurisprudential sources have constituted requests for divorce by the wife for distress and constriction based on the traditions. In this paper, we have first tried to clarify Imamiyah jurists’ rules on divorce for distress and constriction and secondly, made an analysis on the reasons, in order to come to this conclusion that those instances in the words and rules of the jurists are symbolic and not restrictive in nature. Therefore, they are varied according to the time and place, and social conditions.