The Condition of Waiver of the Right of Husband to Divorce in Jurisprudence and Iranian Law

According to jurisprudence and Iranian law the right of divorce is related to husband and whenever he wants he can enforce this right. As for the concern of prevention of the divorces without reason which are in Islam’s legislative policies about divorces, here is a question that can be proposed, and that is: whether the stipulation of extinguishment of divorce right is valid, meaning in case of the condition of the corollary, husband’s right of divorce becomes deprived totally? Hereof we must say, based on the narratives, there is not the possibility of delegation of divorce right or transferring the right of divorce and based on consensus the right of divorce is some part of the rules and judicial revocability which their inseparable effect is irrevocability and therefore the right of divorce have not the capability of the waiver even in partial form and in a determined relationship. According to Iranian law, the right of divorce specified in article 1133 of civil code, a mandatory provision, is the right related to the public personality and system which have not the waiver capability in total or partial way and finally in jurisprudence and Iranian law extinguishment of the right of divorce is an illegal condition which is convicted to nullity.