نوع مقاله : علمی- ترویجی
نویسندگان
1 دانشیار گروه فقه و مبانی حقوق اسلامی دانشگاه الزهرا
2 دانشگاه تهران دانشکده الهیات ارشد فقه و مبانی حقوق اسلامی
3 فقه و مبانی حقوق اسلامی، دانشکده الهیات، دانشگاه الزهرا، تهران
چکیده
کلیدواژه‌ها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
The present study aims to investigate the validity of the husband's opposition to the wife's employment, if this condition is accepted during the marriage contract, and also examines the compensation of damages to the other party's contractual counterparty. The husband's consent to the wife's employment can be included in the marriage certificate as one of the conditions during the marriage, but contrary to popular belief, this condition is not absolutely binding.
The present study has used the method of documentary-library, and descriptive-analytical type, according to the jurisprudential and legal sources related to the discussion of the employment condition for the wife.
The question is, what are the conditions for a condition in a contract to be legitimate? Is it possible that the husband, despite accepting the mentioned condition, has the right to oppose the wife's employment? Does the husband have the absolute right to oppose the wife's job, or can he only oppose a certain type of it?
According to Article 1117 of the Civil Code, the husband can forbid the wife from a profession that is contrary to the interests of the family or the dignity of herself or the wife, while many jurists oppose quoting "almomenon enda shorotehem" if they accept the condition of employment of the wife during marriage. The husband is not considered valid, while at present, if the wife's job changes with the interests of the family, the court orders the wife to be barred from the job.
کلیدواژه‌ها [English]
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