The Pathology of family legal system in Iran

As we know, the glorious palace of life belongs to family and home. So, our purpose of the home is the same feeling-based space not the material four walls that is called "home". By this attitude, in the Preamble to the Constitution, as the mother and superior law in different principles, it has been stated "Iranian women due to greater oppression that have suffered in the imperial regime, will have greater rights. Article 10 of the Constitution looks deeper into the issue and says: Family is the fundamental unit of society and the center of human development, so all laws and regulations and all the state programs must be in line with the stability of the family and facilitating its construction. The Important and key point is stating all laws and regulations that should be continued in line with strengthening of the family. Article 21 of the Law, has considered establishing competent courts to protect and preserve the family and the protection of mothers and children as the duty of the government.
The Philosophy of sending messengers, revelation and the base of human happiness is family. Fundamentally, the origin of life has been shaped by family and with the family, community and society, human societies and with human society and nations with more possibility has been achieved so, we should recognize the essence of this great institution and by discovering this huge institution, prevent any weakness and perversity in it. On the other hand, all social developments primarily will be revealed in the family institution and then, will be reflected into the community it is because the external performance of the individuals is a reflection of their external performances.
This is the family that promises the health of society and the community health depends on the family health and primarily any sort of moral and social commitment is being formed in the family and then in the form of negative and positive values is being transferred into the community. Jousran- great French thinker says the signs of pests and of harms before it appear in strong and powerful body of the state is being formed in the family.
In religious phenomenology man and woman are twin souls of each other and without calming role of the human caravan will stop. Other wise, half of the world population are formed by women and the rest of them will be formed by children and their trainers. The Prophet (PBUH) has regarded love and respect to the women as a sign of faith and says: "the one who respects women a lot, his belief in God is higher. He also says: they do not humiliate women, unless humiliated people and noting that God blesses women and in the house where there is no woman, no angel steps in it, and respects the main member of the family in the way that so far no document and no human right can make such a an appreciation from the women's role in the community it is because the woman is the top sample of creation on the earth.
Due to this importance, the clear religion of Islam has introduced divorce as the only necessary evil and allocated even a Surah of the Quran to this name. In Islamic view, the father's comment concerning divorce has been omitted and the issue of annulment that in many cases is very good about marriage has been forbidden. The marriage of the sick person is not averse but, his divorce is averse. In marriage, it is not required confirmation of two honest men but, divorce is necessary because of the importance of the testimony of two honest men. Concerning the related matters, we should tell that in the Iranian law usually 14 subjects concerning the family has been considered that practically within our courts in the form of 23subjects are judicially investigated. Here, we try to discuss the graces of the Islamic system in the development of family law and then developing community expectations in the family law. Finally, we will refer to a summary of the harms and consequences of divorce.
1- Legal issues related to family in Iran
According to Article 1133 of the Civil Code, men in divorce have expanded and absolute right truck, and with this statement that "If a man wishes, he can divorce his wife," the men are free to divorce their wives if they want. This type of divorce in court, divorce is said to be the man asked. So, this type of divorce in court, is divorce by man, while for women, divorced is requested by women. In divorce by husband's request, the court does not enter into the nature of the dispute and has a duty that performs like the man's request but, in the divorce requested by the woman, the court can accept or reject it. In divorce to her husband's request, the court does not entered into the nature of the dispute and has a duty-based role that acts like the man's request, but the court can accept or reject it. Nevertheless, the exception of divorce by husband's request is judicial one that despite of the man's opposition the court by using its own authorities can divorce the woman. The divorce is based on two bases;
1- Proving it by women;
2. The authorization of that by court
It should be noted that, the referees' comment concerning the divorce by the man will not have any outcome but, for the woman it may be influential and this is the difference of divorce by man and the woman's request.
1-1 Ãsr or Haraji divorce or amendment of Article 1130 of the Civil Code
Article 1130 is a response to the need of time and lack of legal capacity of women's legal authority and is regarded a sort of boldness in the legislation after the glorious Islamic Revolution. As a result of this evolution and changes, the courts and women become more authoritative in divorce and the courts could use this legal article as a general and pervasive rule related to it. It is because the scope of the rule that the use of women's Ãsr and Haraj is very wide and very broad in terms of women's problems. Indeed, these kinds of divorces are known as Ãsr and Haraj divorces and this rule among the great jurists have had great respect and dignity and are given priority over other rules. The meaning and concept of Ãsr and Haraj is that whatever doing it, is hard and difficult and usually impossible for couples, the court can consider them as instances of Ãsr and Haraj and issues the divorce decree. In addition, the rule of Ãsr and Haraj has given right the court the courts where they faced a lack of legislative texts, and uses them to support women. Since the courts' procedure in determining Ãsr and Haraj rule has been different, Expediency Discernment Council, urgently approved five cases of them and with the following amendment and has left open the Judge hands in detecting its other examples.
However, of the cases related to Ãsr and Haraj rule, we can point to the man's unproductively nature and the woman's deprival of motherhood blessing, the man's drug addiction and leaving the house for long periods that is incompatible with the philosophy of a common life. Now, more than seventy percent of the votes given in Iranian courts concerning divorce is based on the women's request and due to the fact that the issue of divorce based on the rule is followed with financial burden, they do not begin this process and the woman by referring to the court and forgiving all or part of their salary, demand a divorce.
Adding an exception to Article 1133 of the Civil Code to the man's undisputed authorities concerning Divorce
In the Article 1133, it has mentioned that the man is free to divorce his wife whenever he wants. In recent amendment it has been stated, women can also in cases set out in Article 1119 (violation of the stipulation), 1129 (not paying alimony) and 1130 (Ãsr and Haraj rule) demands divorce. With this amendment, the legislator has put women in the position of equality with men. It should be noted that divorce in Iran is either in the form of an agreement, or demanded by man or done by the woman's request.
1-2 determining the wages set for women by enacting legal reforms of the 6 Article
By stating 6 exception of divorce amendment Article, if the divorce is not demanded by the couples, according to the years of marriage and type of work done by the court, the payable salary will be determined for the wife and the woman must pay it for his wife. Under Iranian law, the women in husband's home, apart from respect, good companionship and cooperation in training children, has no other job and even to feed the child, is entitled payment, unless the work done by women at home is done as help that in this case the court a long with a divorce writ determines an amount of money and he must pay it. This law has opened the judge's hand in tempering the unfortunate effects of divorce and in fact, it is a form of damage compensation by a man who divorces his wife without any reason. The fundamentals analysis of this Note is prevention of undue loss due to couples divorce.
The problem is that the wages paid is due to work that women do at home. Article 336 of the Penal Code also says: Whenever someone else does something against another case that entitles award, the award will be given to him. The Civil law commentators say this involves ordering, demanding , requesting that some brave judges before the enactment of Amendment 6, on the basis of this legal provision, for example, determine the women's wages. Where in accordance with this constitutional amendment, the wages are being paid to woman that firstly the divorce request not to be by the woman and secondly the divorce by husband not to be based on the her fault while doing it and reward is not related to the request or the woman's fault.
The Women's heritage of the husband's properties
Before the amendment dated back 1387, women in accordance with Article 946 and 948 of the Civil Code, did not inherited the husband's properties and just inherited from properties, buildings and narrated properties of her dead husband wife that the removal of Article 947 of the Civil Code and the amendment of Article 946, the wife inherits both movable and immovable properties.
Basically, the land around the world is no more than a unit and this unit will be useful when some constructions and buildings have been made. In that case, it can be specified and the ground when gone under the plant then, becomes valuable. Therefore, we can not determine without works and constructions and keeping the women's rights requires that he is being given a share of the properties so that she does not suffer hardships in handling the cases. This issue has revealed that productive land has not been specifically productive and possessive and we can document it to verses in Quran. Later in history, sometimes, the land non-ownership in numbers of other properties or as a result of the economic crisis, inevitably, the capitalists used their properties in the ground or due to events that caused land destruction then was given to the inheritor.