Thesis:

A comparative study of the rights of men and women in divorce in the English and Iranian systems.

Research Objectives: The main objective of this research is to conduct a comparative study of men and women’s rights in divorce in the English and Iranian legal systems. Research Method: This research is descriptive-analytical and comparative and is conducted using the library method. Data is collected through the study of laws, regulations, judicial practice, legal doctrine, and authoritative legal sources of the two countries and is examined using the method of content analysis and comparative analysis. Research Findings: The findings show that the legal systems of Iran and England have fundamental differences in the field of divorce and at the same time some interesting similarities. In the Iranian legal system, divorce is essentially the right of men and women can only request divorce in limited cases (such as a condition in the contract, hardship and attorney in divorce). In contrast, in the English legal system, the right to seek divorce exists equally for men and women, and the law only emphasizes the existence of an “irreparable breakdown of marriage.” In the area of dowry, the Iranian system recognizes the institution of dowry as a financial right of women, which has no direct equivalent in the English. In the area of alimony, both systems have foreseen financial support after divorce, but in the English system this support is based on the real need and financial capacity of the parties, while in Iran it is based more on Sharia rules. In the area of custody, the Iranian system assigns custody to the mother up to a certain age and then to the father, while the English system makes the principle of “the best interests of the child” the main criterion. In the area of property division, the English system, with a flexible and justice-based approach, divides the property of the couple based on their participation in cohabitation, while the Iranian system mainly relies on the separation of property and Sharia rules.

Keywords: Divorce, women's rights, men's rights, comparative study, English legal system, Iranian legal system