Divorce conditions due to lack of life security

Divorce conditions due to lack of life security The main topic of this article is related to divorce due to lack of security of life, which is usually presented by women. In the previous articles, we talked about issues related to family and divorce, which by performing Nikah between a boy and a girl and acknowledging their marriage, rights and duties arise for both parties. Non-observance of these rights and duties in some cases is considered a crime and carries only punishments. One of the duties that spouses have towards each other is the issue of obedience, which is specifically raised in connection with the issue of divorce due to lack of security of life. The best lawyer in Tehran advises that compliance is defined in two general ways:

Obedience in the general sense: Obedience in the general sense means the woman’s wifely duties toward her husband and obedience to legal and social regulations. The head of the family is defined as one of the characteristics of the husband and submission in the general sense includes good behavior and respect of the wife towards the husband and obedience to his legitimate needs.

Submissiveness in a special sense: Specific submissiveness refers to a woman’s obedience to a man’s instinctive needs. In a special sense, this type of submission means a woman’s constant readiness to have sex with her husband. This point should be noted that obedience does not have a specific meaning in relation to time, place and customs and women can be exempted from performing this duty in some cases.

Divorce due to lack of security

Divorce due to lack of security is a clear example of problems and obstacles in married life. In Article 1115 of the Civil Code, this issue is stated in such a way that even in this situation, it is not obligatory for a woman to submit to her husband. On the other hand, paying alimony for the husband is his responsibility. But proving this may be a difficult problem. Here we must state that for divorce from marriage, you must allocate money to your spouse and prove the lack of security of life. In the end, the final decision in this regard will be with the judge of the case.

Complying in divorce due to lack of security

Regarding compliance in connection with divorce due to the lack of security of life and with reference to Article 1115 of the Civil Code, which was also mentioned in the previous part, we must pay attention to the following:

If staying in the husband’s house causes danger to the wife’s body, property, or honor, the wife can choose to have a separate residence and leave the husband’s house.

If the woman can prove that staying in her husband’s house poses a serious danger to her, the court will not order her to return to her husband’s house. In other words, the husband will be responsible for the maintenance of the wife until the safety situation of the wife in the shared house is guaranteed.

It should be noted that a woman’s fear of physical or financial abuse by her husband is interpreted as “fear of bodily harm”, which may occur directly or indirectly. Also, “fear of loss of honor” means a woman’s fear of her husband humiliating and insulting her or harming her honor. This includes actions that may directly or indirectly damage the wife’s reputation, such as the husband’s inappropriate association with other people.

Divorce is annulment due to lack of security

In the previous section, due to the difficulty of divorce due to the lack of security, you can resort to divorce. Khala divorce is generally defined in the sense that a woman has a strong hatred for her husband and therefore pays him money so that she can divorce him. This property can be equal to the amount of dowry or less or more than it. Article 1146 of the Civil Code provides the definition of khula divorce as follows:

“Talaq Khula means that a woman requests a divorce by paying money to her husband because of her hatred for her husband. This money may be equal to or less than or more than the dowry.”

:Conditions for divorce
The condition of divorce, Khula, refers to one of the methods of divorce in Islam, and this method is used for cases where a woman wants to end her marriage due to strong hatred or loathing towards her husband. In Islam, talaq khul must be observed in a certain number of stages to be official and legal. In the following, the conditions of divorce are explained in detail:

Hatred or disgust: The first and basic condition for divorce is that the woman must hate her husband. This hatred should be so strong that the woman is discouraged from continuing her marriage with her husband and wants to separate. This hatred may arise due to mental, physical issues, or serious differences in the marital relationship.

Advocacy: The woman should get divorce services from a lawyer (divorce lawyer). A lawyer is a legal person who works for the benefit of women in legal matters related to divorce and marriage. A special lawyer is needed to perform the divorce and arrange the related legal procedures. This lawyer plays an essential role in protecting women’s rights and implementing legal procedures.

Financial payment: Another condition for divorce is the payment of money to the wife as ransom for divorce. This property usually serves as compensation from the previous dowry or compensation from the wife’s rights in marriage. The amount of this property may be equal to the dowry or more or less. This property is considered as an exchange for the rights of a woman in marriage.

Deadline: After completing the above steps, couples usually set a deadline during which the husband can be excused from divorce if he shows the ability to correct his behavior and the wife changes her mind. This deadline has been established in order to promote reform principles in Islam and provides the possibility of fighting in marriage.

The conditions of divorce in Islam must be observed under the Islamic Sharia laws and the legal regulations of the respective country. These conditions are set in order to protect the rights and ensure compliance with Islamic laws and related laws regarding marriage and divorce for women.

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