Restriction of the Rule regarding Unconditional Power of the Husband over Divorce in Jurisprudence and Iranian Statutory Law

One of the important changes in the civil code after the Islamic Revolution is the amendment of Article 1133. The basic basis of this article is a rule of islamic jurisprudence that says: "right of divorce belongs to the husband". This article, since the year of approval (1935) up to its amendments in 1992, has been totally changed and also the article refused the absolute sovereignty of men over divorce. These changes have been legislated in several phases for some reasons includes but not limited to, social needs and realities, expediency mechanism, using of dynamic ijtihad. In the process of modification this rule, some hindrances includes but not limited to, necessity of referring to the court, issuance of judicial certificate of unmaintainable marriage, determining financial rights of the wife, have been codified so as to make limitations for the husband. In this research, the structure of Islamic jurisprudence And social of these changes has been examined and researched, and its result was the confirmation of these developments with mechanism of dynamic ijtihad. It is suggested that the same mechanism be used to adjust other rules that are inconsistent with the needs and realities of Iranian-Islamic society.