Document Type : Research Article
Authors
1 Master of Family Law, Faculty of Law and Political Science, University of Mazandaran, Babolsar, Iran.
2 Associate Professor, Department of Private Law, Faculty of Law and Political Science, University of Mazandaran, Babolsar, Iran.
3 Assistant Professor, Department of Law, Faculty of Humanities and Social Sciences, Golestan University, Gorgan, Iran.
Abstract
Reversion is a legal act that has many significance and effects in relation to a dissolved and final marriage. Reversion is essentially a unilateral that occurs with one will and allows individuals to deviate from their initial dispositions in the ransom or dowry given. As a rule, in divorces of khula and mubarat that occur due to hatred and during which the wife, while giving money to the husband, which is called ransom, convinces and convinces the husband to divorce, this legal institution plays a prominent role in providing the basis for returning the terminated marriage to its previous status. Because when the wife fulfills and exercises her right to reversion for ransom, at the same time, by reversion for ransom, the husband's right to reversion from the previous divorce is provided for him. In this study, using a descriptive-analytical method, we will examine the conditions under which a woman can reversion for ransom in divorces of khula and mubarat. We will seek to answer the question: is the wife's right to reversion for ransom absolute and possible under any circumstances, fundamentally, under what circumstances will a wife be allowed and able to reversion for ransom in divorces of khula and mubarat? It seems that in order to prevent abuse of the right and strengthen the foundation of marriage, it must be accepted that the wife's right to reversion for ransom is not absolute and that the husband's possibility of to reversion for marriage is a reciprocal right.
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