1
2- Ph.D student of Jiroft Islamic Azad University.
2
Ph.D student of Jiroft Islamic Azad University.
Abstract
The harmless rule is one of the secondary titles and one of the most important and widely used jurisprudential rules, and it is a significant part of the evolution of family law due to this title. According to the harmless rule, the relationship between spouses is based on the negation of harm, in the sense that if the enactment of a law or the implementation of a rule leads to harm to one of the spouses, the current harmless rule and as a result, the initial ruling of negation and another ruling that prevents It is harmful, it will be replaced. The harmless rule also applies to divorce, such as when a man does not pay his wife's alimony and refuses to pay the wife's rights and perform her duties, in such cases, the initial ruling that the exclusive right to divorce is in the hands of the man and his authority to divorce his wife is taken away from him. and according to the rule of harm, the man is allowed to divorce his wife.