The Balance of Husband's and Wife's Rights in the Field of Divorce Based on the Family Protection Law of 2012 and the Proposed Single Article of 2019

A wise legislator considers rights and duties for couples in the light of the principle of justice and with the purpose of creating a balance; while some interpret the principle of justice and consider giving the right of divorce to men as the same justice and the same balance of couples' rights according to natural differences between men and women and relying on the argument that women are emotional and that the foundation of family is in danger. The present research was conducted with the aim of reviewing the concepts of balance and equality of the foundations of balance in family law in the Iranian legal system, particularly in the latest legal regulations named the Family Protection Law; thus, all related books, papers, and legal bills which have been published during 2012-2019 were reviewed. The draft of the new proposed bill, which has been under consideration in the Commission of Bills of the Cabinet since 2019 as a proposed single article to amend Article 1133 of the Civil Code, based on the restriction of the husband's right to divorce, was also reviewed, and the pros and cons of legal regulations in this area were discussed. The results demonstrated that if the mentioned bill is finally approved, there will be a fundamental change in wife's rights, so that it may affect the Iqaei nature of divorce.