Research and development in private law

Research and development in private law

Analysis of exiting a suspended and uncertainty marital relationship for a wife within a family

Articles in Press

Document Type : Original Article

Authors
mahya nazif
Seyed Hossein Safai
asghar arabian
Islamic Azad University
10.22034/jpl.2026.2087427.1311
Abstract
The family, as a fundamental institution for ensuring individual security and social welfare, has consistently received special protection within legal systems. In this context, the legal status of “the wife's suspended legal status within the marital relationship” in Iranian law—referring to the condition of legal uncertainty experienced by a woman who, despite being deprived of her marital rights, remains unable to terminate the marital bond due to legislative and procedural constraints—has emerged as a significant challenge for both lawmakers and judicial authorities. Such women are placed in a suspended and intolerable situation that undermines the objectives of family justice. In Islamic jurisprudence, the continuation of hardship imposed upon women living under such circumstances has been strongly condemned. Reference may be made to Verse 129 of Surah An-Nisa, which prohibits leaving women in a suspended state, as well as to jurisprudential principles such as the principle of negation of hardship and the maxim of no harm, all of which seek to prevent the persistence of suffering and injustice. Adopting an analytical and argumentative approach, this study examines the structural and procedural shortcomings of Iranian legislation and judicial practice in addressing this phenomenon. An analysis of Paragraph 3 of the Note appended to Article 1130 of the Iranian Civil Code, concerning the husband's final criminal conviction resulting in imprisonment for five years or more, reveals that prolonged statutory periods may, in practice, perpetuate the wife's suspended legal status. This outcome conflicts with the ultimate objective of Islamic jurisprudence, namely, the alleviation of hardship and suffering. The continuation of this situation imposes an increasingly onerous burden of proof upon the wife. It encourages excessive reliance on judges' individual discretion in determining hardship, thereby contributing to inconsistency in judicial practice. This article underscores the necessity of revising statutory time limits and establishing objective criteria and clear benchmarks for the determination of hardship, to develop the legal system in a manner that promotes family justice. It is further proposed that a unified and supportive judicial approach, consistent with Sharia principles, human dignity, and the wife's legal certainty, be adopted to safeguard the rights and interests of women confronted with such circumstances.
Keywords
Wife'
s Suspended Legal Status within the Marital Relationship
Hardship
Maxim of No Harm
Guardianship of the Ruler
Subjects
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