Leila Rahili; Abdolhadi Vahidi ferdousi
Volume 10, Issue 1 , June 2022
Abstract
The rule of hardship refers to the circumstances in which an obligation has been imposed on someone beyond his power and he has the right to withdraw from the contract. In marital relations, ...
Read More
The rule of hardship refers to the circumstances in which an obligation has been imposed on someone beyond his power and he has the right to withdraw from the contract. In marital relations, there are examples of hardship, part of which is reflected in Article 1130 of the Civil Code. At present, remarriage of a married man within the framework of the law, with full respect for the wife's rights, can not be a reason for the wife's right to divorce. The research method in this research is analytical-descriptive. Research question: What is the wife's right to divorce in case of legal remarriage? It seems that according to jurisprudential interpretations, especially the statements of Imam Khomeini (ra) such a right is established. It was stated that Imam Khomeini (ra) did not consider the examples of the rule of hardship to be exclusive and considered any factor that makes life exhausting in any way as a reason for a woman to leave life without her husband's permission. They have also stated that the couple's second marriage, even if it is legal, is an infidelity if it takes place without regard to the interests of the family. The result is that due to the negative effects of the family changing from monogamy to polygamy, which causes overwhelming pressure on the first wife, despite not being mentioned in
