A comparative study of wife's hardship and embarrassment in Iranian, European and American law

In this study, since private international law is the reflection of domestic private law of countries in the international context, while discussing the difficulties in domestic law of Iran, it is appropriate to refer to the relevant provisions of international law and if We will adapt the necessity of customs and traditions, social values and family rules of several countries. In case of conflict between the definitions and the laws regarding the issues raised in the case of hardship, it will be stated which court has jurisdiction in the disputed matter and which law governs it, and the description of the cases of marital hardship, according to the law of which country is possible. It is acceptable and how it will be treated through the conflict resolution rule. In Iranian law, according to Islamic jurisprudence, divorce is basically a man's right and a woman does not have the same legal status as a man. The results of this study show that in Article 1130 of the Civil Code of Iran, the issue of family hardship is briefly mentioned that if the hardship is proven, the woman has the right to file for divorce. In English law, divorce is divided into fault-based divorce and divorce without fault, while in Iranian law there is no trace of this division. The laws in Germany regarding family matters are slightly different from those in France, the United Kingdom and Canada, and emphasize the existence of a cold emotional relationship and separation between couples as the main reason for divorce. Divorce in the United States is governed by the laws of the individual in which it occurs. Divorce law terminates a marriage with a legal process passed by state law, and the petitioner or petition for divorce or dissolution is one of the parties.