Legislative Policy on Modifying the Unilateral Will of Man in Divorce

Because of their specific nature, the rulings on divorce are not subject to the rules governing the enforcement of civil rulings. On the other hand, the laws and regulations on the enforcement of divorce at different time periods, both before and after the Revolution, are sometimes founded on Shari'a law, and sometimes while distancing from the Shari'a, they have sought to create equal rights for men and women. Since divorce is a contract and may happen at the request of the man and the woman and by way of agreement, it is subject to different rulings, though the legislator, by enacting rules and regulations, has attempted to develop regulations and to include unifying standards for all divorces, in order to observe women's rights for the facilitation of the divorce. However, because little attention has been paid to the fact that divorce decisions are inherently different from other rulings, the legislator has enacted rules and regulations which are not inclusive and require being interpreted by judges. As a result, this has led to a difference of procedure and confusion among clients and applicants. In this study, the will of men in divorce and the legislator's policy in this regard was investigated.