نوع مقاله : علمی- ترویجی
نویسندگان
1 استادیار گروه حقوق دانشگاه شهید بهشتی
2 کارشناسی ارشد حقوق خصوصی دانشگاه امام صادق7(نویسنده مسؤول)
3 دانشجوی دکتری مطالعات زنان (حقوق زن در اسلام) دانشگاه تربیت مدرس
چکیده
کلیدواژه‌ها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
In Iran, the system of financial law in marriage, which is according to Shiite(Imamiyya) jurisprudence, revolves around the male head of the family. This article, while hypothesizing this fact, addresses the relationship between the wife's employment rights and the authority of the man as head of the family. The main problem is that in Article 1117 of the Civil Code, the husband has the right to prevent his wife's indulgement in a certain job. This legal permission is apparently in conflict with the wife's right of employment and the financial rights unless we accept, all in all, the man as head of the household and his right to prevent his wife's employment, despite the fact that the husband, as the head of the family, is an imperious rule and is one of the effects of marriage on the couple's relationship, but that the husband cannot abuse the law that is intended for him; if he does so, his action would be evidence of abuse and will be in contrast with Article 1103 of the Civil Code. Irrespective of this justification, the current approach to the husband being head of the family in relation with his wife's financial rights and its effects in Iranian legal systems, sometimes ignores social realities and hence will bring about some interferences in the couple's financial system to a sub cooperative system, greater acceptance of temporary marriage and a reluctance to inter into a permanent marriage contract because permanent marriage contract threatens the wife's employment and her financial independence.
کلیدواژه‌ها [English]
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