Reviewing the Results of Two Theories of Real Conjugality and Judicial Conjugality in Revocable Divorce

The status of revocable divorced wife during the waiting period after divorce is one of the most important issues in jurisprudence and law. Two theories have been proposed among the jurists: real conjugality and judicial conjugality of revocable divorced wife. The present study, using a descriptive-analytical method, has examined the fruits of the two theories. Nine results of the two theories have been proposed in the words of the jurists and the lawyers, some of which have no practical effect, such as the question of whether the revocable divorce is an absolute sale or a lawful contract, whether the arrangement of conjugality rules in the waiting period after divorce is devotional or rule-governed, or whether referring to the divorced wife results in the restoration of the marriage or prevention of separation between couples. Some of the rulings mentioned as the results of the debate are not essentially related to the real conjugality and judicial conjugality, such as the question of whether the referring to the divorced wife is a right or a ruling. Some of the proposed results are important practical rulings, but there is no difference in the arrangement between real conjugality and judicial conjugality; in other words they are arranged according to both theories, such as the permission of sexual pleasure during the waiting period and eternal sanctity in case of adultery with revocable divorced wife. Examination of the jurists' statements about the revocable divorced wife indicates that all the rulings applied to the wife are also applied to the revocable divorced wife. According to the above-mentioned evidences, it is found that there is no practical difference between the two theories of real conjugality and judicial conjugality.