اختیار زوجه و ابهام در مفهوم عسر و حرج

The aim of the present article is to report the findings of a study on the condition of divorce that is Osre-o-Hara}. Woman can request divorce for the hardships in her married life (Osre-o-Hara}). When the life is impossible to continue and women can not tolerate anymore, she has the right to ask for divorce. The article of ۱۱۳۰ of Civil Code emphasizes; when the hardship is proved in the court, the husband has to divorce his wife. If he resists, the judge can divorce her. Considering the importance of Osr-o Hara}, few questions should be raised: ۱. What is the status of Osre-o-Hara} in the Iranian legal system? What are the conditions for its implementation? In what circumstances women can file a request for divorce? ۲. What types of problems and deficiencies are raised due to the generality of the concept? Is it a good solution to the problem? Is it able to provide judicial security in the family relations? The available information demonstrates women's difficulties in proving hardship. Also Judges issue different verdicts based on their interpretation of the concept.

کلیدواژه ها:

پدرسالاری ، جهانی شدن ، حرج ، خانواده ، زن ، زناشویی ، زنان ، زوجه ، طلاق ، عسر ، فمینیسم