An Investigation in Judicial Divorce: A Solution to Women’s Rights from Narration’s and Imam Khomeini’s Point of Views

In recent decades, urban development, migration, unstable moral values, poverty, and unemployment have had adverse effects on families and have significantly increased divorce rate and its social problems. Therefore, the legislature has implemented laws to protect human rights against these crimes. In the field of women’s rights, the issue of women’s right to divorce is one of the fundamental questions. Although it is a man’s choice base on Iranian and Islamic laws but, if a woman’s rights are not respected by her husband, especially when her marriage continues to lead to violence, the woman may also be entitled to a divorce and the court will issue a divorce if the conditions are met in order to achieve justice. Thus, the present paper examines the realm of divorce by the court (Judicial Divorce) theory, its legal nature and types.