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Ostadi S A, Azimi Garekani H, Poormanuchehri S A. Critique of the judicial procedure related to the condition of halving the couple's assets from the perspective of jurisprudence and civil rights. MLJ 2020; 14 :423-435
URL: http://ijmedicallaw.ir/article-1-1116-en.html

The provisions of the marriage contract provide guidelines to support family solidarity and protect the rights of both parties to the marriage, which is both in accordance with the Imamiyyah jurisprudence and in accordance with the law, as stated in Article 1119 of the Civil Code: "A woman may enter into any marriage contract. To act in a manner not contrary to the requirement of the contract." One of these is the requirement to divest property in 1362 in order to provide financial support to divorced women and to compensate for the shortcomings of the law in printed marriages, which some jurists believe to be a misconception of the rights of European countries with little or no involvement. The result of this study is that jurisprudential rules such as the rule of dominion and the rule of condition can be considered as the basis of this condition. On the other hand, due to the ambiguities and deficiencies that exist in this condition, there are problems in executing that, in addition to not providing financial support to divorced women, even cause them to be wandering about their rights and in most cases men being burdened. The responsibility arising from this commitment is shunned. On the other hand, this condition precedes the Fair remuneration and gift and according to many jurists, women are deprived of the prerogative of the priesthood by earning up to half the wealth of the man. The present study has discussed the disputes on this condition such as the impossibility of the condition, the unclear extent of the couple's commitment, the taste of some judges, the problem of proving a man's property for his wife, etc and has attempted to resolve these problems. It can also be argued that the divisive and religious condition of the marriage has provided security and ethics for married life, strengthened this relationship, strengthened family foundations and reduced divorce rates. Certainly identifying the condition for divestment of the couple's property is in line with the exercise of citizenship rights.

Please cite this article as: Ostadi SA, Azimi Garekani H, Poormanuchehri SA. Examining the the Judicial Procedure Related to the Condition of Halving the Couple's Assets from the Perspective of Jurisprudence and Civil Rights. Iran J Med Law, Special Issue on Human Rights and Citizenship Rights 2020; 423-435.