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Family Law Disputes
The term family law disputes generally refers to legal cases that pertain to the family unit. Any dispute brought before a court involving individuals as members of a family can be considered a type of family law dispute.
For example, when a man and a woman marry, they assume certain rights and responsibilities. If these obligations are not fulfilled, a family dispute may arise. Similarly, when parents have children, managing their relationships with their children falls within the scope of family relations.
Family law disputes cover a wide range of issues, including marital conflicts, parental responsibilities, and child custody matters, all of which are regulated to maintain the integrity and welfare of the family unit.
Claiming Dowry (Mehr)
The dowry (mahr) is specified in the marriage contract (Aqdnameh) at the time of marriage. As soon as the marriage is officiated, the wife gains ownership rights over the recorded dowry and has the right to file a claim to demand its payment.
The legal basis for mahr is the amount stated in the marriage contract. Even if the wife decides to waive her dowry, the waiver must be officially registered; otherwise, it will have no legal effect. Similarly, if the husband forces the wife to sign a document relinquishing her mahr, such documents are legally invalid and will not be recognized by the court.
If the husband has the financial means, he is obligated to pay the full amount of the dowry. However, if he is unable to pay the entire sum, the court will divide the payment into installments, requiring the husband to pay the installments according to the court’s schedule.
Unilateral Divorce
In our country and under Islamic jurisprudence, the right to divorce is granted to the husband. The husband can file for divorce according to the legal procedures outlined by law—this includes fulfilling the wife’s financial rights and completing the required legal steps for divorce. Even if the wife opposes the divorce, the husband can proceed and finalize it.
However, the process for a wife to obtain a divorce without the husband’s consent is much more difficult and complicated.
A unilateral divorce initiated by the wife is undoubtedly one of the most challenging family cases in the judicial system.
According to the Civil Code, the right to divorce lies with the husband, and the wife can only obtain a divorce if she can prove that the husband has failed to fulfill the legal and moral obligations governing the family or has violated her rights.
