Women's Strategic Studies

Women's Strategic Studies

The Legislative Shift from the Wife’s Mandatory Domicile with Emphasis on Judicial Practice

Document Type : Original Article

Author
Assistant professor at the Faculty of Law, University of Religions and DenominationsQom, Iran, ,
Abstract
The legal concept of domicile plays a foundational role in civil law, determining territorial jurisdiction, effecting judicial service of process, and realizing procedural justice. According to Article 1005 of the Iranian Civil Code, a married woman's domicile is contingent upon her husband's, classifying it among mandatory domiciles. In contrast, Article 12 of the Family Protection Act (2013), by permitting the initiation of family lawsuits at the wife's place of residence, recognizes a form of independent domicile for her. The central question of this research is whether Article 12 signifies the legislature's departure from the rule of the wife's mandatory domicile or merely constitutes a limited exception to Article 1005. The significance and necessity of this inquiry lie in the fact that its answer carries substantial implications for family proceedings, the balance of spousal rights, and a modern understanding of jurisdictional competence in family disputes. Furthermore, the evolution of judicial practice and the emergence of electronic litigation systems (such as the Sana System) have prompted a re-examination of this institution from the perspective of procedural justice. This study adopts a descriptive-analytical method, based on a systematic interpretation of legal provisions in light of Imamiyyah jurisprudence principles, fair trial standards, rulings of the Supreme Court, and advisory opinions from the Judiciary.
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Articles in Press, Accepted Manuscript
Available Online from 15 February 2026