A study on the legitimacy of the divorce application on behalf of spouse by appealing to the no harm rule

According to the well-known tradition which tells 'the divorce is in the hand of somebody who has control over family', it is generally accepted that the divorce is in the hands of husband. Our study focuses on the surveying of the divorce application on behalf of spouse by appealing to the no harm rule. There are some definitions of harm and reciprocal harming according to the well-known 'no harm' tradition. The present paper deals mainly with those definitions according to which the divorce application on behalf of spouse is allowed. In this respect, the authors regard the comprehensive theory of negation and prohibition as an accepted one. They are of the view that the divorce application can be brought up on behalf of spouse if these points are onsidered: the basic significance of no harm rule and its affinity with the justice rule; that the jurisprudential views and examples are close to the no harm rule than to the no impediment rule; and finally the fact that the martyr Mutaharrī often emphasizes on the no harm rule and justice. Of course, it must be noted that on the basis of some other reasons, this right can only be enforced by the Islamic judge.