Substitution in Divorce in Jurisprudence and Islamic Republic of Iran Statute Law

Abstract: In Islamic worldview, Family, as the unit responsible for man’s happiness or misery, has been regarded as the most important pillar of the society. The family unit is formed when a man and woman are called husband and wife through marriage contract. Although very sacred and important, the family unit, when necessary, can be broken through the ways Islam has proposed. The breaking of marriage contract is called ‘divorce’. There are several kinds of divorces. In Islam, divorce is “Ijadee”, i.e. it is men’s prerogative. Like every other vicarious act, divorce can be performed through a deputy. This is possible in two ways: The man can choose a third person as his deputy in divorce. The man can assign the act of agency to the wife herself. The present study is going to discuss different Islamic sect’s legal and religious commandments of vicarious divorce, its conditions to be mentioned in the marriage contract and its details to be thought to the young couples