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Fundația Imam Ali

Conditions in the marriage contract under Iranian civil law and rights

a) The wife stipulated that, whenever the divorce is not at the wife's request and, in the court's judgement, the request for divorce does not stem from the wife's failure to fulfil her marital duties or from her misconduct or bad behaviour, the husband shall be obliged to transfer to her, free of charge, half of his existing assets acquired during the marriage, or their equivalent, as decided by the court.

b) The husband granted his wife an irrevocable power of attorney, free of charge and with the right to delegate it to others, so that, in the cases listed below, after applying to the court, obtaining its permission and choosing the type of divorce, she may divorce herself. He also granted her an irrevocable power of attorney, with the right to delegate, to accept on his behalf if she waives her dowry (mahr) or other entitlements.
The cases in which the wife may, as the situation requires, ask the court for permission to divorce are as follows:

1. The husband's refusal, for any reason, to pay maintenance (nafaqa) for 6 months, with no possibility of compelling him to pay, and likewise his failure to fulfil the wife's other obligatory rights for 6 months where he cannot be compelled to do so.

2. The husband's ill-treatment or misconduct to such a degree that continuing married life becomes intolerable for the wife.

3. The husband suffering from an incurable disease such that continuing the marriage would endanger the wife.

4. The husband's insanity, in cases where annulment of the marriage is not religiously possible.

5. Failure to comply with a court order forbidding the husband from practising a profession which, in the opinion of the competent court, is contrary to the family's interests and the wife's dignity.

6. The husband's final conviction to a prison sentence of 5 years or more, or to a fine which, through inability to pay, results in 5 years' imprisonment, or to imprisonment and a fine which together amount to 5 years or more of detention, with the sentence being served.

7. The husband's addiction to any harmful substance which, in the court's judgement, undermines the basis of family life and makes it difficult for the wife to continue it.

8. The husband abandoning family life without a justifiable excuse. Determining whether family life has been abandoned and whether the excuse is justifiable is for the court, as is the case where he is absent for six consecutive months without an excuse that the court considers justifiable.

9. The husband's final conviction for a crime and the carrying out of any punishment, whether hadd or ta'zir, for a crime that is contrary to the family's dignity and the wife's standing. Determining whether the punishment is contrary to the family's dignity and standing is for the court, taking into account the wife's situation and position, custom and other criteria.

10. If, after 5 years, the wife has had no child by her husband because of his infertility or other physical conditions.

11. If the husband disappears without trace and is not found within 6 months of the wife applying to the court.

12. The husband takes another wife without the first wife's consent or, in the court's judgement, fails to treat his wives justly.