Document Type : Original Article
Authors
1
(M.A. in Women's Studies in the Field of Women's Rights in Islam, Alzahra University, Tehran, Iran,
2
Assistant Professor, Department of Islamic Philosophy and Theology, Faculty of Law, Theology, and Islamic Knowledge, Islamic Azad University, Najafabad Branch, Najafabad, Isfahan, Iran,
3
Assistant Professor of Jurisprudence and Private Law, Department of Law, Faculty of Social Sciences and Economics, Alzahra University, Tehran, Iran, (Corresponding Author)
4
M.A. in Women's Studies in the Field of Women's Rights in Islam, Alzahra University, Tehran, Iran.
10.52547/iswf.8.4.207
Abstract
"Arbitration" is a special way of judgment from the view of the Holy Quran that in the cases of disobedience and disagreement between the couples, following this revelatory strategy can lead to the modification of them. This descriptive-analytical study first has examined arbitration and judgment presented in the Holy Quran as an Islamic pattern for removing conflict between couples using a set of evidence of Quran and tradition, and then has tried to show the incompatibility of some current methods with Quranic pattern by comparing Quranic solution and what is being done in courts based on the New Act of Family Support. According to the results, despite the admirable efforts of the legislator in recent years, the high rate of divorce in Iran due to the insufficient deterrence of current methods, indicates that there are shortcomings in the proposed solutions, some of which are because of improper implementation of religious orders in this area, including the issue of arbitration. It is necessary to take steps to eliminate these problems by adapting Sharia to laws more than before and applying basic preventive methods, along with medical practices in the flow of the judicial procedure.
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