Preventive Measures to Prevent the Husband from Abusing His Rights

Najjari, Mohammad; Vaziripour, Shahnaz

doi:10.30497/flj.2016.59329

Preventive Measures to Prevent the Husband from Abusing His Rights

Document Type : Specialized Article

Authors

¹ Jurisprudence and Principles of Islamic Law Ph.D. student of National University of Semnan

² MA graduate, Department Islamic Law and Jurisprudence Tehran Univercity

10.30497/flj.2016.59329

Abstract

In Islam, the husband has been granted some special rights and privileges so that he can perform the duties he has shouldered in the best way. Having some rights and previliges such as ruling over the family, divorce, sometimes husband abuses his position in the family to harm other members; consequently the family is exposed to physical and mental harms. Due to the fair system of Islamic law, one might ask a critical questio that is what preventive measures are proposed to avoid these situations? To answer this question, it is necessary to mention that cases like remuneration, idda, custody of the child and the presence of a resolvent in recurring divorces are considered in Islamic literatures; moreover, cases such as divorce based on the court order, asking the couple to go to a counsellor and getting a certificate from the family counsellor are looked at attentively to avoid abuse of rights by the husband. Anyway, current enforcements are not practically enough and preventive measures hardly found in laws. Therefore, imposing partial limitations on capability of the exercise of rights and highlighting civil and criminal laws is necessary to prevent abuse of the rights by the husband.

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