Divorce and the Conflict between Sharia Rules and International Human Rights Obligations: "A Comparative Study in Iran and Tajikistan"

the family and social stability. The rising divorce rates in countries such as Iran and Tajikistan have turned the need to review family law systems into a serious challenge. This article, derived from the author’s doctoral dissertation at the National University of Tajikistan, adopts a comparative approach to examine the evolution of laws and legal frameworks related to divorce in the Islamic Republic of Iran and the Republic of Tajikistan. Despite cultural and religious commonalities, the two countries have pursued different legal paths: since the 1960s, Iran has introduced reforms aimed at restricting unilateral divorce by men and strengthening women's rights, whereas Tajikistan—still influenced by Soviet civil law traditions and Islamic teachings—has undergone more cautious and limited changes.Focusing on the conflict between Sharia-based divorce regulations and international human rights obligations—particularly in the areas of gender equality, access to justice, and protection of women and children—this study analyzes challenges such as legal inequalities, social pressures, and the role of intermediary institutions in divorce proceedings. Ultimately, the article seeks to answer whether the reforms undertaken in both countries have been effective in reducing the harms associated with divorce and in reinforcing the institution of the family, and whether these experiences can serve as comparative models for aligning national laws with international standards. The comparative study shows that, despite cultural and religious commonalities, Iran faces more direct conflicts between Islamic jurisprudence and human-rights obligations, whereas Tajikistan—through mechanisms such as judicial oversight and mandatory counseling—has managed to mitigate some of these tensions, albeit at the cost of reducing the flexibility of its legal system. This divergence highlights the decisive role of legal structures and support institutions in shaping the practical outcomes of policies related to divorce and women’s rights.