Rahim Mirzaii; Youseph Molaii; Reza Ghiasy
Volume 10, Issue 4 , March 2023
Abstract
Pursuant to Article 27 of the Family Protection Law, arbitration in divorce cases, except for the type of agreement, requires referral to arbitration. Given that this type of compulsory ...
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Pursuant to Article 27 of the Family Protection Law, arbitration in divorce cases, except for the type of agreement, requires referral to arbitration. Given that this type of compulsory arbitration is part of divorce, the question arises as to what it means to religious minorities residing in the country due to its application as a personal status. This research has been done by analytical-descriptive method with the aim of answering the mentioned question. It was concluded that according to the summary of different opinions, compulsory arbitration of divorce has a more jurisprudential basis and is deeply related to the issue of divorce. Therefore, this is considered a part of personal status and in the case of religious minorities, it must be done in accordance with its religious principles. Given that pre-divorce reconciliation efforts are also recommended in the sharia of religious minorities residing in the country, it is possible to make the principle of arbitration mandatory for them as well and leave the implementation of its details to their associations. In this case, the executive by-law needs to be prepared by the judiciary for coordination. Therefore, the principle of compulsory arbitration can be extended to religious minorities residing in the country, but the conditions provided for in the law must be prepared in accordance with the religious rules of religious minorities and in the form of internal regulations of associations, necessary.
