Journal of Politics and Law; Vol. 9, No. 2; 2016 ISSN 1913-9047 E-ISSN 1913-9055 Published by Canadian Center of Science and Education 163 Kinds of Physical Subtraction in Islamic Jurisprudence and Iranian Law Ali Khalaphi 1 , Mohammad Roshan 2 & Ebrahim Taghizadeh 1 1 Payame Noor University, Iran 2 Shahid Beheshti University, Iran Correspondence: Ali Khalaphi, ayame Noor University, Iran. E-mail: mamhs14@yahoo.com Received: February 14, 2016 Accepted: March 8, 2016 Online Published: March 31, 2016 doi:10.5539/jpl.v9n2p163 URL: http://dx.doi.org/10.5539/jpl.v9n2p163 Abstract It must be said that the family foundation is based on agreement, dedication, recognition of others rights and to respect them, observing the principle of sacrifice and patience in adversity. If a couple could not compromise with each other, regardless of its reason, this important foundation will be decomposed and agreement in family will strengthen the power of family. By provocation of differences, family will lose its function and disagreements will show up that may lead to divorce. In Iran legal system, the only foundation that can be said has similarities with physical separation, is the foundation of ‘Uddah’ after revocable divorce. In the period of said ‘Uddah’, the couple has some responsibilities of marriage, but there is no force of coexistence and coition. Special docility with meaning of responding to sexual needs of couple is not among the joint task. Keywords: court order, Physical subtraction, Number, Mental divorce, Custody and alimony, Recobely Divorce 1. Introduction What is important in this paper is the unique position of family foundation and in all of legal entities formation, existence and termination of it is considered. Because of this feature the foundation of family in the level of shaping is similar with other contracts but in the level of termination has various differences. Our legal system has categorized this issue. Before divorce anticipated the certification of the impossibility of compromise and maybe from the time of certification issuance of impossibility of compromise to the expiry date of it, divorce shall not happen. Because of that, the certification of compromise impossibility is for creation of new opportunity for the couple to revise their decision. Of course there are some objections, but the origin is confirmed. Now the question is “whether when man refers to issuance of compromise impossibility, it is the verdict of court and the parties shall refer to scriptorium for divorce or there is a procedure to guide them to advisor and let them think more about divorce?” although all of judges has the rate of jurist, but in compensation of scientific disputes with jurists always there is a specific feature. The judge limited with implementation of the law and shall not go further in practice. The dissolution is sometimes with the will of man and sometimes out of his will. Recently law makers in family support act tried to regulate it in shape. In France legal system, except for physical separation which is not in our law, there are three shapes: sometimes man asks for divorce, sometimes woman and sometimes both. The compromise impossibility made by our law and has not rooted in religious jurisprudence. Law maker made the certification regarding to the nature that certification has, there shall be various effects. In some courts the certification shall be issued just to refer couple to scriptorium for divorce. But in some verdicts the certification name, named in the text. As an example after the writing of compromise impossibility in the verdict while they don’t divorced yet, court in its verdict refers to dowry and alimony. Although Iran is not familiar with physical separation but functional and custom examples of law is obvious. The paper tries to prevent from immediate and emotional decisions by providing legal solutions in order to regulate the financial and non-financial relation of discordant couples. It must be added that the paper will survey the examples of physical separation in two seasons: First season: investment of ‘Uddah’ and existence of fear and physical loss in physical separation. Second season: investment