Int. j. econ. manag. soc. sci., Vol(4), No (3), March, 2015. pp.

352-357

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International Journal of Economy, Management and Social Sciences

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ISSN:
2306-7276

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Comparative Study of Divorce in Islam and Monotheistic

Religions and Schools
Nader Mokhtari Afrakoti
Assistant Professor, University of Sistan and Baluchestan, Zahedan, Iran.

Ali Heydarinia*
Ph. D. Student, Young Researchers Club, Zahedan Branch, Islamic Azad University, Zahedan, Iran

Mohammad Asghari Hesamiyeh

Ph. D. Student, Zahedan Branch, Islamic Azad University, Zahedan, Iran
*Corresponding author: heidariniaali50@yahoo.com

Keywords
Divorce
Divorce forms
Islam
Christianity

1.

Abstract
The modern world, the man originally developed in the pleasure and enjoyment of life and satisfies his personal desires. It
is alarming to note is that the majority of divorces are not caused by conflict and lack of sympathy couples. Studies show
only about one-third of divorced couples said the harassment, tells frequent and serious conflicts due to divorce them.
These days people have to deal with the discomfort threshold is much lower than in the past and that's why the marriage
ended in divorce. The problem in Islamic countries and gradually expanded in a group of Muslim men and women
affected by today's modern world, with their preferred personal pleasures and decrease in the compatibility, ease of their
divorce. Divorce, like any other social phenomenon, is the steep backgrounds. Because of different religions and rituals
have any special rules for that paper; on the other hand, these rules are embodied in different forms in different societies.
In this paper we attempt to analyze the analytical method and its variants in different societies deal with divorce.

Introduction

Statement of problem
No doubt the religious attitude to men and women and the role of each in the order of creation, as well as the type of marriage and the importance of
religion, philosophy and objectives, it is important to consider the nature and quality of the divorce. Founder of Islam, divorce as a way out of a bad
marriage recognized and legitimized but in order avoid undue quick and it is the violation of women's rights, several measures have been considered
and all the possibilities and circumstances may be considered. Since Islam is the excellence of the individual and the community, attempting to
individual community and the various factors that cause the crash, suffering and losses, protected is why divorce is accepted as reasonable and it has
the fewest losses realized with the teachings and laws of the community, However, the teachings of the Bible are two types of attitude and behavior
towards visible Divorce extreme view that the interests of women in the Old Testament, was less and going to the New Testament view of the
interests of men and women are victims of a failed marriage. Divorce, dissolution of marriage and permanent ends the marriage by the husband.
Legislation and philosophy of divorce situation in order to avoid disruption of cells community, not because the couple had not incompatible with the
nature despite the hatred and disharmony spiritual and moral life of their marital continue if the contract is closed out corruption and bring many and
ongoing or one or both of the wisdom of diverting more money because you need not heed the word and, if need arises and the issue of divorce and
separation that need to be solved and UN Ethics and religions that divorce prescribed under the legislation of the dissolution of marriage, whether
names and other forms, the marriage ended in divorce various ways to find and follow.
Family is the noblest institution that is located on the religions of effort and a considerable part of their religious doctrines and teachings allocated.
Families in the Holy Quran, is based on love and mercy between spouses and the Koran in order to love mercy, and with the dignity of the common
man and woman and also considering the natural and genetic differences between the two systems and specific legal relationship established between
couples. Despite the clear teachings of the Holy Quran and cherished human personality and rights of women and emphasized the distinction between
female gender and men in some teachings of the Bible, the Muslim influence of secular and religious understanding of the original surface, to some
misunderstandings in relation to women's human character and his exalted place in the universe and consequently resulted in the family. Bible in
determining the duties and rights of spouses in respect of gender differentiation, and knows man is it for a man; president is entitled to charge the
woman. In view of the Torah, the second sex woman and a man emerged from the object and purpose of his creation; he is a Gnostic issues,
socialized and assistance. The Jewish Talmud, the second book of the Torah, there come the status of women in the family and look to explain
Judaism: Every man is bound to bless these read: Blessed be God who created me a Jew, the woman who created me and I am an illiterate and did
not know existed. In view of the Talmud, the role of the family and human society, the individual is involved in housekeeping the only way to
perfection wife, husband and children are encouraged to learn Torah:
What the women's points have merit? By sending their children to the synagogue to learn Torah, and by forcing husbands learn the law of God in the
presence of scientists. [13].
Holy men and women equal in human dignity and that they complement each knows the poles. Quran sex and gender-rounder look there first. Quran
when he spoke of the position and the truth he referred to the dignity and respect between the sexes is not as you stated: (Asra, 70) and in the
description of the man and lead him from other creatures says (Hajar, 19 29) Congratulations and thanks to the creation of man himself says
(Momenon, 4 of 4 A). In all of these verses speak of human nature and the fact that it has no gender distinction. If the value oriented toward women,
visible throughout the Qur'an wherever the faithful and righteous men will speak, Momn and competent women posed next to them (Ahzab 25118 _ Hadid 91 _ Fatah 71 _ 72 or Tobeh). And makes clear that God reward them, no discrimination because of their gender is not valid (Nesa 1241).
The Quran speaks of the creation of the woman, but the transposition of the sequence of values, as it says in the Bible, in the Koran has not been
raised. Look what the Quran differentiation of human dignity in the sight of God, piety and not gender [1].

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2.

Theoretical discussion

Definition and properties of divorce

Divorce is ignorant of Arabic terms. Single verb infinitive and gerund verb divorce in Arabic and means divorce is further Slany, I like the word, to
surrender and Taklym. Tatliq and divorce, both in the sense of rescuing and open the shackle. Although divorce is an Arabic word, but the word in
Farsi means aversion and the complete separation of men and women and the term means the resignation of men and women from all the rights that
he enjoys. The word, in legal terms, the concept of a common tradition among intellectuals, breaking the bonds of holy matrimony is that the
legislator has signed with certain conditions in legal terms, the removal of ending the marriage is said to be (Pishvayi, 2010: 50). Arch origin and
meaning of the term is getting ready to divorce is unilateral obligations ritual whereby a man, by permission or a court order, the woman who is
constantly mentioned his wife, frees. It can be inferred from the following attributes:
1. Divorce unilateral obligations: that is indeed the will of man or his agent and does not agree to women. It is true that according to Article 3 of the
bill to the civil courts couple can agree on divorce and by virtue of this Agreement are exempt from litigation, but you should know that divorce by
consent or permission of the court's ruling will be made. Indeed, the Court's involvement or consent licensed and registered before the divorce and
legal action has no effect.
2. The ceremonial act of divorce is a divorce in the past; this difference should be court permission. The specific procedures and study leave,
unilateral obligations not only to the consent of the man and the special circumstances require. Article 1134 of the Civil Code in the same statement
says:
Divorce and divorce should be in the presence of at least two men who actually hear the divorce.
1. leave or divorce court ruling is actually about the women's backs, there certainly must obtain a court order to get married later in life hardship and
forced to divorce her husband on it. But the assumption is that the husband wants to divorce in accordance with Clause 2 of Article 3 of the bill to the
civil courts, special procedures should and then refer to arbitration, the court's permission to divorce. The permission of the Family Protection Law
"proof of the impossibility of reconciliation" called.
2. The dissolution of marriage by divorce is permanent: If marriage is for certain - dissolution of marriage or by paying for the husband or the work is
done all the time. As of 1120 BC Civil says "marriage contract termination or invalidity or paying for the interruption dissolved"
3. The husband will divorce occurs, of course, does not mean that women can never divorce or court has no effect on its occurrence. Women with
certain conditions forced him to divorce the right to ask the court in such a case the decision to divorce, but the point is that not one of the grounds
for divorce and conditions of the different elements of reality, in all cases, whether the applicant is divorced husband or wife, he should tell divorce
and it actually makes. In cases where a woman's divorce, court to compel the husband to divorce and cannot directly dissolve the marriage (Article
1129 BC) But if the husband does not have authority to execute the judgment of the court in accordance with general principles, legal representative
is impossible to divorce from his wife [19].

3.

Methodology

Scientific research is for the pursuit of knowledge. Given the importance of content and update their and considerations related to variables and
predicates involved in the research process extensive review and analysis of issues and divorce and a variety of different religions, Islam and the
context of the analytical method used.

4.

The findings

4.1.1 Divorce in Islam (Ferqin)

2. The public perception of absolute authority over men in divorce jurists of Islam and public perception and the consensus of jurists and
commentators is that the Islamic point of view, give the man a divorce, and in principle any time he wants, whether it be for good or not, can divorce
her, as the characteristics mentioned before about the divorce in civil law, there are a number of restrictive conditions that are related to man's
capacity to run and establishment of a right by law to have known her, such as the maturity of the power and performance with divorce or conditions
relating to such cases of women being Thiourea is non-Mavagheh. The moral of the recommendations to avoid divorce and the non-use of this right
is unjustified. However, regardless of the restrictions and prohibitions on moral, religious and legal terms, harvest jurists from the Koran and Islam
are that divorce is the right man. Perhaps the most explicit expression of arthritis in this case the judge Ibn Albraj Tripoli, shiite jurist and judge at the
beginning of the fifth century AD in the book Almhzb divorce by quoting the verse (Surah divorce, verse 1) says: God placed man in possession of
divorce for men, women, and it is permissible.
So if you want a man to divorce his wife, he seems to do so, whether this is a cause or without cause wants to divorce, because divorce is considered
permissible for him. It is an abomination for a woman to divorce.
So if no action for divorce is better leave, he did not sin and error into account. The expression of the other jurists as well, though not to the openness
and transparency however, the Qur'anic verses on their behalf as the sentence indicates, most of them know right and authority to Mafrogh anah
single man, the topic of divorce stating the terms of the (male) and implementation of state of divorce and divorce the woman and types of divorce,
have begun. Just as the harvest, there is also referred to in those days, when the part of man, divorce was, other than the six that are divorced and
there is no recourse for men. Basically, it is the prerogative of man. Some people refer to during the same determination that marriage itself is
disrupted. Divorce can also impair the effectiveness of the state's marriage had ended. The new contract without consent is required and women as
mentioned in the previous discussion of the term and any act of a mans head turns and indicate the intention of returning. Marriage is to be restored.
This expression comes from some jurists who commit certain acts of the man who is not even known that is with the intention of returning. Refer to
account. However, for reference, unlike the case of divorce is not required but is recommended. The bad part is, for example, the judge stated that Ibn
Albraj quoted. He was referring to some verses that imply recourse to divorce the man says (reversionary divorced woman who has been divorced.
Kissing and intercourse with him is forbidden for a man and see if he attempted to apply the same action. See also condition the control accuracy is
not recommended and Matalbq with caution. If a man and a woman say to you if I see you, you will see this is not true. Asked the woman on the go,
no credits [9]
Shaykh Tusi in the book (Nahayeh) See even denial of divorce, the man or the woman during some researcher knows Taqbil and Contact and the
witness is not required but recommended it knows and says (as it would be useful if you see the difference in incidence) [17] Sunni jurists generally

Nader Mokhtari Afrakoti , Ali Heydarinia *, Mohammad Asghari Hesamiyeh

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International Journal of Economy, Management and Social Sciences Vol(4), No (3), March, 2015.

divorce by the husband and his owner know and all discussions on jurisprudence and the interpretation of the terms and conditions of this right. In the
course of the reversionary divorce, see also the will and consent of the woman, not the only prerequisite is the right man [3]. Some jurists, especially
in the recent period of public scholars as justification and express the wisdom of giving power to divorce the wife raised and two things are the major
cause of divorce in the hands of the man known a more rational behavior is not the man who makes a quick decision and parity together with the
other problem is that the financial consequences of divorce for men, such as the dowry and alimony during some and therefore more attention to
maintain parity clot financial consequences for the woman who divorces her.(Wahba Zuhayli) Books (Alfqhy al and Adlth) as (due to divorce in the
hands of men) says: The man who is in possession of divorce despite the fact that she is a male partner in marriage, maintain focus and avoid
marriage because it is quick break, because the man who dowry and subject to the alimony is usually more farseeing and concerned about the loss of
her marriage and so on for two more deserves to be given the right to divorce, first, women are often more emotional than men are affected earlier
and placed and the right to divorce him if it might stand a little resentment dissolve marriage. Second, the financial consequences of divorce and
alimony time stamp of previous pay and pay some Almth stamp (in present terms of our salaries, wages for example) and the financial burdens
placed upon man makes him the more he thinks about divorce and to maintain parity Qlh more interested in women but not in financial losses due to
divorce, naturally this does not farseeing and may soon decide (Wahba Zuhayli) the experts today tend to the view that good the decision about the
divorce and the judge says (this is not true firstly because it is contrary to Islamic law and secondly because he believes therefore, it is his right to
religious divorce before the divorce will be waiting for the judge's ruling resulting in a marriage relationship is broken men and women religious and
the religious faith is prohibited. In addition, the power of the court to divorce his wife is not good for when a diagnosis and decide on the divorce
court was responsible for all marital secrets uncovered and it is not expedient.) [21]
However, considerable research in terms of legal and jurists from Brocade and the latter's contemporaries, both Shia and Sunni; it seems the existence
of differences between men and women is evident in the case of divorce. The man, the authority has the right to divorce without permission and
without requiring the consent of the husband and wife can go to court and get permission to divorce and even the interpretation of some jurists,
inform women of the implementation of divorce is not necessary to mention that her consent is required. And therefore the legal opinion as view of
the Koran and Islamic certain sentence is considered. [11] Naturally, in this view, on the one hand to the divorced wife of a man and the obligation to
leave the marriage is without being asked, and perhaps without the fault of her head is struck on the other hand, if a woman wants her husband to be
removed for any reason and is willing to continue their life, in limited cases, and the long and difficult path to satisfy his property to his wife or the
permission of the court, it is possible for him. Some jurists school tradition according to blame those who come to the divorce sayings and unjustified
condemnation of divorce, the principle of the prohibition on divorce and told the man not permitted divorce without justifiable cause and not only
discouraged but detestable and forbidden and prohibited and to permit it to be reasonably justified. Wahba Zuhayli Ibn Abedin quoted as saying the
prohibition on divorce is permissible unless it's a special order. Wahba Zuhayli also likes the idea itself.
Alhlal book on Islam and the holy doctor Joseph Alqrzavy also follow from this view and say: divorce without the need to justify that it is forbidden
in Islam is prohibited. Because the loss of his wife and losses and the loss of the benefits of marriage is for couples and so similar to mine waste is
prohibited, and loss less rule also confirms their opinion known. [21].
Many jurists including Imami jurists, thus not forbid divorce but divorce without proper justification would be considered an abomination. Mr.
Sheikh Hassan jewel in the book (Alqrzavy) Tlyqaty struck Shiite express views in relation to this comment (Qrzavy) say it is not true that divorce is
forbidden without justifiable cause, because there is no reason to respect the Quran but also to understand that even if there is a moral agreement
between the couple, the husband can divorce his wife. [3] because God has said in Surah Nisa verse 20: If you want to get a woman to another
woman (a woman who divorces Hbalh you're married) dowry you're a woman, even though she should not take too much.
In any case, assuming that the divorce is forbidden without a justified reason for divorce from husband it would not be prevented, for example, if a
husband commits the act was unlawful that is no legitimate reason for divorce, but divorce is a sin, even though he is right, and his wife separated,
even the belief that this type of divorce can only be morally sinful obstacle in the way of divorce make but law enforcement is not the time and the
possibility still remains for man without any reason or for any reason which is justified only for his wife to divorce but the woman in rare cases can
go to court and get the satisfaction of a man or a warrant to obtain a divorce [21].
4.1.2 Decree of divorce in the Quran and Sunnah
According to the legal opinion provided by the jurists of divorce and being the man in the Quran and the hadith, here is a look at the verses that
express divorce and we analyze their provisions, in some traditions, the journey into the plain, and the implications of divorce them look jurists
claim, the fullness of the Quran and then look at the news and stories fall. The Quran in Sura Baqara, Nisa, and Talagh Ahzab, there is no of the
divorce. Chapter divorce that it consists of 12 verses of Surah Nisa called small and is located in the verse of one to seven, it is the wife's divorce
laws. In these verses, the men's divorce news, and order number, refer to those days, when we get a divorce and go, the number of pregnant women,
accommodation and spend some time reversionary women and some women expressed during transport. In the first verse of the Quran to the Prophet
and the Muslims he came to public every time that you want to divorce your wives they have divorced when others cannot divorce is when you are
clear and they are not near and account number to keep them fat piety to God. They do not get out of the house in which they are resident and they
shall not leave the house unless they appear guilty. These are the limits of God, each of which is itself wrong. Do you know this is the case then
maybe God create it. Commentators have suggested that perhaps for the man who divorces his wife, during those days, the state and give his heart to
God and refer the woman away [20].
4.1.3 Signature of divorce in the Qur'an
As well as the wording of the Qur'anic verses meant, the Quran was revealed in the Quran and the environment and the people who were in the Quran
directly address, a series of rules and regulations governing the relationship between marriage and how it has been cut that the verdict of the Qur'an
with the terms of the regulations to come mainly in order to protect the rights of women who received less attention however, in order to establish
justice and fewer independent preliminary ruling in this area has been declared in the Qur'an. The attempt to break the bond of marriage and Talagh
Valqa, the current procedure has been established and accepted that a man could divorce his wife, after the divorce, the woman would have to be
some time, wait until the end of the period did not have the right to marry another and in fact has not been completely abandoned and he could see in
those days, and without the consent of the woman before the divorce continues. In addition, the current practice is that men after divorce and the
expulsion of the woman of the house and family, dowry or other property if the woman was recovered or pressured him that what he was after the
marriage of the husband, the man who could see during divorce and again and again and again to repeat it. And the humiliation he would have been
led to his separation from wife. In the verses of the Holy Quran states where divorce not the possession of the man or Ayla and Zhar, right is right
and the rights of man. But considering the current trend and usually without rejection and cancellation, often following the introduction of a special
issue of the ordinance amendment giving women the most common procedures in order to limit the powers of the current and divorced men respect

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and protect the right of women has arrived. In the case of divorce, when men say they cannot divorce his wife but to the Prophet (pbuh) says when
you divorce should consider the number and timing of divorce and during some women do not get out of his residence and for some it specifies.
(Surah Talagh) and complaints of frequent divorce his wife, and refer to, divorce can restrict the divorce go away, yet the association and not to harm
the woman's faith. Ayla official who runs the ignorant and explicitly rejected or consolidation if the procedure does not require it of you after the
expiry of the deadline of four months to do penance and to the provisions of the act to stop swearing or divorced women, the poor, or when a woman
complained her husband was ignorant of action arises Zhar, it denounces and through its offering to atone for his wife's call to eliminate Zhar and the
effect, despite the current trend of the final and absolute authority of men in divorce and drop him to various devices, this option has been rejected by
both the Koran is the difference & dquo; and couple conflict that may challenge the judgment is expected to be able to resolve disputes and the
couple have been corrected. So briefly consider the Quran about divorce, especially in connection with signing and it is possible to support many of
these changes are preceded by the question or in other countries of its kind event in principle there is no instance may a non-Saudi society in which
the Quran was revealed, Zhar manner as there is the time and the society in which it exists and to devise education and alternative thought, not
because of the gimmick and the general terms of time and place Alshmvl know. So that the man in the sexual abuse and extortion to prevent women.
Current order and there was this, that a man whenever he could divorce her and refer others. Divorce and did not see this extremely Quran without
the authority to reject man or specifically endorsed on the relevant corrective action on the current order, or ask the court to recognize that divorce is
not included [14]. In any case, what was found in the Qur'an, in connection with the issue of divorce there are given the power divorce the man and
his dominance over women, the guidelines and directives is a modification to the existing methods for women's rights perhaps solution is not
limitative but its philosophy can be understood in the same way it was guidance. As to the species of the same jurists and the same is being provided
on divorce while she was in possession some Sunni jurists generally say they by placing bets on the marriage, the divorce was granted to women [21]
and Shia scholars generally agree that in the marriage contract provisions against man and stating that if the man was a violation of the provisions,
the woman's lawyer, who divorced her [7]
4.2 The Betrazy parties divorce
Different countries have different rules for divorce. In Iran, a man can divorce his wife said, without citing any reason. In Turkey the freedom of men
under the Civil Code of 1926 has been withdrawn. The Italian Catholic sanctioned divorce which is basically not possible. In countries that are
theoretically open to divorce court divorce of the parties can Betrazy but in countries that do not allow divorce or if it is considered to be
characteristic of the question arises as to whether the parties can agree to ask a court to divorce them or not. French law does not recognize divorce
parties Betrazy in practice today, about three-quarters of those who are divorce. The parties consent to the divorce, the old history and ancient
Greece, India and. In Rome, the divorce of marriage sine the marriage in which the husband is not fluent, was possible. Christianity tried to marriage
in general is non-breakable, but actually it was not successful. Zhvstn second divorce laws and his successor Zhvstn wing parties Betrazy conditions
were forecast. However, these provisions are contrary to the clear wording of the teachings of Christ, which provides that: Anyone who abandoned
his wife and marries commits adultery. Marriage is a religious assumption rejected the French Revolution, and it is considered a civil contract, and
the parties consent to the divorce recognized in September 1792. But the authors of French civil law that would strengthen public morality
remarried considered permanent and unbreakable and divorce only in cases where sin or mistake by one of the parties would be possible. Today, in
France actually done a lot of this type of divorce. In other European countries, who are followers of Christianity and marriage seems to be stable and
permanent know, the parties consent to divorce is anticipated, including Portugal, in accordance with rule 3 November 1910 and in Belgium on July
20, 1962 the term prescribed by law. In Yugoslavia and Bulgaria are also assumed to divorce Betrazy parties. Finally, in Soviet Russia, such as
marriage, divorce and are purely incidental and religious concepts are away. In the couple filed for divorce in private offices are separated from each
other [16].
4.3 Divorce disarmament
One of the couple's separations, for those couples who do not have recourse to the wife, is deposed. The nature of the separation in such a way that all
the other elements of the basic conditions of the contract, such as the consent of the parties or their offer and acceptance, it is necessary and the
quality of implementation and its effects are similar to unilateral obligations or in other words, the effects divorce that is capable of unilateral
obligations. Gerund of disarmament and disarmament means digging out and taken apart and to the Holy Qur'an in a couple long as parity
relationship is established, other clothes have been described (Surah Baqarah, verse 187). Their separation from each other as if in Auden clothing
and dig it in speech and language traditions of Muslim jurists and disarmament is called the separation of certain conditions. Of course, from the
separation of certain conditions defined Aftda the provisions of this license document, but a verse that separation. Narratives and consequently is
called the Word of jurists disarmament. In legal terms, it is the wife of deposed because he is averse to the pair and intense fear he is disobeyed, the
couple agreed to give him money to be released from the shackles parity [8] so there are two important elements of disarmament: the hatred and
dislike, who is the wife to her husband so that her life durability and perhaps both difficult and leads to sin and disobedience and disregard of legal
obligations and legal and human emotions. Second-financed by the wife to the husband give him free from the shackles of parity, so that the people
have no recourse. Financial wife called to give (Fda or Fdayh) say can be the same or interest or religion and the amount of the provision is not clear
and depends on the agreement of the parties, in which case you may as dowry or otherwise financial or worth less or more than the amount of the
dowry. The Iranian Civil Code divorce is defined disarmament Similarly, Article 1146 provides: (divorce is deposed by her dislike of her husband to
finance the property of the husband to divorce whether or equivalent, or more or less the same stamp is a stamp.) Disarmament scholars have defined
the public, but the abomination of the wife in their definitions cannot see, defined below mentioned address disarmament in four schools:
1. In view of the fact that even with the wife Hanafiyah disarmament by word and words in the sense that lLike Baratk, Banytk, Farqtk and terms and
conditions of sale as well. Parity destroys relationship.
2. The owner of religion deposed in legal terms, the divorce is to change the words and innuendo explicit one. Another group of disarmament as they
have been defined:"Marriage is an exchange of Baze that his wife is due to give its owner and the parity constraint and even change the owner to be"
3. In view of the disarmament Shafi'iyah legal term denoting the separation of the couple's argument that the change is the words that express or
imply irony in this sense, is not enough.
4. Separation of religion Hnablh disarms the man with special words of his wife before he or she receives financial and the words are clear on
Disarmament or the irony of it. And in any case the contract is terminated [21] so be sure to achieve disarmament and the couple must pay return
verse and hadith should hate and averse to exist, although the definitions of public transportation jurists to this point has not been discussed in detail,
has the attention or disagreement they are located.

Nader Mokhtari Afrakoti , Ali Heydarinia *, Mohammad Asghari Hesamiyeh

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International Journal of Economy, Management and Social Sciences Vol(4), No (3), March, 2015.

4.4 Divorce ruling

According to what was said in all jurisdictions are involved, including divorce to ask the man, the woman asked, and divorce agreement is necessary.
Thus, according to the expression (divorce ruling) to explain instances it should be noted that the intervention of the court. This involved a significant
impact in determining the nature of the judicial divorce, several aspects is important:
1.4 Determination of the referee:
After the trial court to appoint a legal duty to protect the couple's family was founded in 1346 enacted the Family Protection Law was enacted in
1974 as the baldness. The difference between arbitration institution in family law and reform of the divorce laws and implementing regulations that
are currently executing, are as follows:
Family Protection Act, all claims other than the couple's marriage and divorce were considered to be referred to arbitration, the divorce Reform Act
regulations, referred to simply as the referee in case divorce is decreed.
The institution of arbitration in family law judge in a civil action is very similar to the institution. The number of times a person can be (one to
three) but divorce law reform provisions, each couple will be required to present a challenge to the court.
In accordance with Article 5 and 6, the degree of family support theory of judgment.
1. A couple complained to the referee whether or not to respond to it within the deadline 2. The challenge seems inconsistent with the laws of the
creator. But after 1992, adopted on the basis of a single article is worthless degree.
- After the establishment of peace and reconciliation between the spouses in a single article simply want a divorce. According to Article 7 of the
Regulations implementing the provisions of the divorce Act Amendment Act to amend a single article of 12/02/1992, the judges elected or appointed
shall consist of at least two meetings with the couple, attempt to resolve the dispute and correct interpersonal and ultimately your comment on the
possibility or impossibility of reconciling the deadline set by the court of the IPO. But under the Family Protection Act, while trying to make peace
and reconciliation between the parties, if you are not able to correct, your complaint in writing to the court to declare the nature of their if the parties
agree with the referee, conduct a court order issued by the arbitrator, unless the award is contrary to the laws of the creator if one of the parties to
challenge or protest not respond in due course or vote against any rise to the challenge, the court will hear the case and the case for lack of
compromise will be issued appropriate certificates.
- Set the referee is not required in the Family Protection Law and in accordance with Article 5 of the court, upon request; each party shall refer the
dispute to arbitration [2].
4.5 The determination of the financial rights of the wife
"Believes that the remuneration for example during the marriage" is the legal foundation of the first rules of divorce law reform was considered.
Wages means wages, unpaid work and pay rent is saying the word means. It should be stated in the definition of the legal concept of "pay to pay
Almsmy example is the wage that usually cause people to do anything to pay and it is not mentioned and it is not certain, for example, is said to have
paid " [5] and the other without changing the meaning of the woman and demanded dowry (the explorer, 1994, p. 1644) Quran in Sura Nisa, verse 4,
the word (Nahleh) in addition to donations used women love to pay a total of accord and satisfaction has been interpreted. Or accept payment for
example, believes that the provisions of the divorce Act amended as follows: first divorce from husband and wife do not agree with it. So in divorce
agreement or divorce that the wife's request like wage determination or believes no legal basis. Two divorces caused by the violation of the duties of
husband or wife abuse are not his morality and behavior. Third divorce, topped Note 6 single article, for example, or believes demand compensation
after divorce is allowed, but note 3 single article implementation of divorce and recorded in the office are subject to the payment of legal and
religious rights of the wife's and that the payment is in cash. Note Stefarieh matter of expediency conflict between the two was after approval by the
court's inability to compromise. Thus, the material referred to in paragraph 3 shall be applied. " The nature of the divorce court to interfere with the
determination of remuneration for example, or even believes should limit the right of divorced couples legal rights to payment legal wife is also a
barrier to delay divorce, the wife may even be able to provide all the rights and thus the decision to divorce is discouraged [11].
4.6 Certification of the impossibility of reconciling
After the arbitration process should be established between the spouses. With the certification of the impossibility of reconciliation, the couple
officially divorce Bureau guides. An Act to amend provisions relating to divorce, divorce certificate, failing to compromise at all (one way or
agreement) is necessary, but it must be said that since the proof of the impossibility of reconciliation, does not warrant or court official is not entitled
to recognize the hostility and but only in a position to issue certificates based on fact. So far as the couple divorces wife does not agree with the
request, with regard to the verification of hardship or conditions under which the contract that the wife will divorce, it is a discovery as the court
fixes, the hostility and the beneficiary's diagnosis, the decision should be issued in the form of a certificate no possibility of compromise [6].
4.7 Divorce in different religions
Divorce one of the things that exist among all the nations of the old world And in Rome and the Jews were common except in the faith of Christ is
that sometime after the birth is prohibited, cannot be found elsewhere does prohibited.
4.7.1 Jewish
In Judaism there is a divorce, if a man finds his wife for his deviant in a separation (separation) to write and to give him and sent him out of his house
and let it.
4.7.2 Zoroaster
In the Zoroastrian religion, creed, marital status is acceptable, and what is unacceptable and reprehensible, this training, along with the right to
equality in marriage that divorce is caused due to the undisputed man will not be considered. Zoroaster 6500 years before Christ was born in
Azerbaijan. In her faith, she has such authority in all respects to the man who has been raised by divine light.
Lady in such a divine light and Prochspta Rytabaghiano mean that in the full meaning of the name of the girl. Zoroaster's credit status and intended
for women, interesting, because everywhere in the Old World than women were treated like slaves, even the most progressive country in Europe,
leaving the woman he thought was right. That man was right somehow saw fit to treat his wife. He would sell his wife as a slave or servant or kill
him. But Zarathustra says (which is actually a woman humiliated other wing man, something is ugly and stupid) and therefore equal rights for men
and women made and announced the release of both. In order to Zoroastrianism (group) is provided by a partner, not a woman has the right to have
more than one husband or wife has the right to have more than one wife. Divorce is not permitted, except under very difficult circumstances. In

357

Comparative Study of Divorce in Islam and Monotheistic Religions and Schools

International Journal of Economy, Management and Social Sciences Vol(4), No (3), March, 2015.

Zoroastrianism, divorce is optional and not included in the ceremony of marriage dowry. Zarathustra could stop the marriage is terminated on the
following terms:
Whenever you perform marriage ceremonies, wife or husband is crazy or unbalance and the other side is not aware of it, to ask the other
party to the marriage is terminated
If the husband has 5 consecutive years of absence and news of her being alive is not regarded as dead and the woman can get a divorce
Run the divorce should take place when a woman is not in the habit of femininity
When a man or woman left the Zoroastrian religion, the separation between them occurs spontaneously.

4.7.3 Christianity
In Christianity, Islam and Judaism, unlike divorce and remarriage with adultery are forbidden. Mousavi Sharia holy book is the book that divorce is
permissible in Shariah common Mousavi, therefore, their wives divorce was under most cause the least sense to blame and punish them, now Christ
has leave pending divorce because of adultery, he said. Sometimes too many verses in the Bible imply the denial of absolute divorce. (As in verses 16
and 18) In other verses of the Bible, divorce adultery, one of the spouses is limited to [12].

5.

Conclusion

The modern world, the man originally developed in his life fun and satisfies the demands of the individual and his personal benefit.
It is alarming to note is that the majority of divorce is caused by the conflict and the lack of consultation is not couples. Studies show only about a
third of divorced couples, said the harassment, tell Magu frequent and serious fights, because they had been divorce. These days people have to deal
with the discomfort threshold is much lower than before and why the marriage ended in divorce. The problem in Muslim countries and gradually
expanded in Iran and a group of Muslim men and women affected by today's modern world, the pleasures of their individual preference and lowering
the threshold compatibility, ease of their divorce. Divorce, like any other social phenomenon, has a history full of ups and downs. Because of
different religions and rituals have any special rules for that paper; On the other hand, these rules are embodied in different forms in different
societies. Unlike Christianity, which, except in the case of proving adultery by the wife, it is not given legitimacy to divorce, Islam also condemned
divorce, legal legitimacy it has signed. Hence, a couple who are married to each reason with severe incompatibility will be forced to continue their
relationship. However, it was never meant to cope with divorce is not Islam, because according to Islamic tradition, the practice divorce hatred of the
solvent. According to Islam, divorce is the last resort treatment incompatible couple. Islam believes that if a way to separate the couple (couples) are
not his life would be difficult and agonizing and may be devastating consequences, such as suicide, corruption and murder. Today, citizens with grief
and anxiety are less in comparison with the previous marriage, since their divorce in order to be considered for insurance and it can be named as an
insured marriage. Marriage is not successful because they abandon our wives.

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