Part 2 — Separation Due to Harm
Article 183:
If wife claims such a harm that makes common life between similar spouses impossible, she may
demand separation from court.
Article 184:
(1) If the claimed harm is proven and reconciliation of the spouses is impossible, the court shall issue
a verdict for separation.
(2) Separation is considered as irreversible divorce.
Article 185:
If the claimed harm is not proven and wife insists on her claim, the court shall appoint two persons as
arbiters in order to reconcile the spouses.
Article 186:
(1) Arbiters must be just persons. One of them must be from husband’s relatives and the other from
wife’s relatives. If relatives of the spouses are not present, the arbiters shall be appointed from
among persons who sufficiently know the situation of the spouses and are able to reconcile them .
(2) Arbiters must take oath in the court that they carry out their duty in a just and trustful manner.
Article 187:
Persons who are appointed as arbiters must identify causes of the dispute and methods of reconciliation,
and endeavor to reconcile them.
Article 188:
(1) If arbiters do not succeed in reconciling the spouses and if source of dispute is husband or both of
the spouses or if the source is not known at all, the court shall decide on their separation.
(2) If wife is the source of dispute, arbiters shall decide for separation in exchange for all or part of the
dowry.
Article 189:
(1) If opinions of persons appointed as arbiters differ, they shall be compelled by court to review their
opinions.
(2) In case of continuity of difference, the court shall appoint other persons as arbiters according to
Article (186) of this Law.
Article 190:
Arbiters shall present their decisions to court and court shall issue its verdict on this basis.