طلاق و خلاهاي قانون داوري

Divorce and legal vacuums of judication

It is natural for couples to have disagreements because of personal differences, but this natural disagreement should not be so much as to shake the foundation of family. Thus, as Quran recommendsus in chapter Nisaʹ [women1, after the emergence of the symptoms of disagreement, a family peace court should be formed to solve the problem. In the Iranian law, this is called jurisdiction of divorce to which the law maker should pay attention although there are deficiencies in the law. This paper deals with the foundations of jurisdiction, the development of law-making iu jurisdiction, a study of the present law of jurisdiction, and an elaboration of legal impairments in the Iranian law. Then Iran is compared to Egypt, Iraq, and Syria in this respect. Finally,the paper suggeststhat thejudiciary establish a sutlicient number of branches forjurisdiction,along with family courts, composed of legal experts, family counselors, and psychologiststo help courts to solve family disagreements.