Abuse of Family Rights in Couples' relationships

Document Type : Scholarly Article

Authors

1 PHD student of private law and Faculty member, Payam Noor University, Tehran, Iran

2 Professor of the Private Law and Political Sciences, University of Tehran Tehran, Iran

3 .

4 استادیار گروه حقوق دانشگاه آزاد اسلامی

Abstract

Family is the most fundamental social institution which the relations governing it are based on ethics, faith, rights and duties among its members. Despite the love and affection between the couples, sometimes one of them uses their position to the detriment of the other due to the privilege and position which is given to him/ her by the law, in other words, they abuse their rights. In this research, which has been conducted in a descriptive and analytical method, moreover, to explain the family rights in couples' relationship, aims to deal with the couples' legal rights, either exclusive or joint, as well as to represent examples and solutions to prevent the abuse of these rights, especially, among these rights, the right of divorce and the right of a man such a head of family are abused more, therefore, the solutions such as limiting the authority to implement rights, judicial divorce and the requirement of trust in divorce (attorney appointing) are discussed in this research. Moreover, the contractual rights between the couples which cause the pre-written conditions included in the contract (standard conditions) or the conditions specified by them in the contract (supplementary conditions) are analyzed here. Finally, the documents drawn up after the marriage contract or the conditions agreed upon after the marriage contract, as well as their validity or invalidity as an independent agreement or conditions included in the contract - if they do not be in contradict with the public order, good morals and the popular opinion based on Article no. 10 Civil Law, can be validated. The results indicate that the legislator should create legal articles with executive guarantee in the family law in order to prevent possible abuses of family rights.

Keywords

Main Subjects

این مقاله برگرفته از رساله دکتری اینجانب با عنوان «سوءاستفاده از حقوق خانوادگی در روابط زوجین»، دانشگاه تهران است.

References

  1. Imami, Hasan. (2000). "Civil Rights," Vols. 4, 5, & 6, 20th edition, Tehran: Islamic Bookstore.
  2. Bahrami Ahmadi, Hamid. (1998). "Abuse of Rights" (A Comparative Study in Islamic Law and Other Legal Systems), Tehran: ettelaat Press.
  3. Jafari Langroodi, Mohammad Jafar. (1976). "Family Law," Tehran: Heydari Publishing House.
  4. Shaigan, Seyyed Ali. (1996). "Civil Law", Vol. 1, Tehran: Majlis Printing House.
  5. Shahidi, Mehdi (2014). "Civil Law (Conditions in Marriage)," Vol. 4, 4th edition, No place.
  6. Safaei, Seyyed Hossein; Imami, Asadollah. (2007). "Family Law", Vols. 1 & 2, Tehran: University of Tehran Publications.

 

  1. Safaei, Seyyed Hossein and; Imami, Asadollah. (2008). "Concise Family Law," 15th edition, Tehran: Mizan Press.
  2. Safaei, Seyyed Hossein; Imami, Asadollah; Gorji, Abolqasem. (2005). "A Comparative Study of Family Law", Tehran: University of Tehran Publications.
  3. Safaei, Seyyed Hossein (1989). "A Comparative Study of Family Law", 1st edition, Tehran: University of Tehran Publications.

 

  1. Safaei, Seyyed Hossein. (2007). "Collection of Articles on Civil Law and Comparative Law", 2nd edition, Mizan Press.
  2. Katozian, Naser. (2006). "Civil Law (Family)," Vols. 1 & 2, 7th edition, Tehran: Dadgostar Press.
  3. Katozian, Naser. (2000). "Civil Law (Family)," 1st edition, Tehran: Dadgostar Publishing.
  4. Gorji, Abolqasem et al. (2008). "A Comparative Study of Family Law," 1st edition, Tehran: University of Tehran Publications.
  5. Mohaqiq Damad, Mostafa. (1986). "Jurisprudential Study of Family Law, Marriage, and Its Dissolution", 1st edition, Tehran: Center for Islamic Sciences Publishing.
  6. Mohaqiq Damad, Mostafa (2005). "Rules of Civil Jurisprudence," 6th edition, Tehran: Ministry of Islamic Guidance Publishing.

 



  1. Makarem Shirazi, Naser. (2005). "Series of Abextra Jurisprudential Topics (Book of Marriage)," Vol. 6, 1st edition, Qom: Imam Ali School Press.
  2. Mousavi Bojnourdi, Seyyed Mohammad. (2009). "Jurisprudential Rules", 2nd edition, Tehran: Majd Press.
  3. Mousavi Bojnourdi, Mirza Hasan. (2012). "Jurisprudential Law", Vol. 4, Najaf: No place.
  4. Mousavi Khomeini, Ruhollah. (1992). "Sahifeh Noor," Vols. 6 & 18, Qom: Institute for Compilation and Publication of Imam Khomeini's Works.
  5. Mehrpour, Hossein. (2000). "Topics in Women's Rights", Tehran: ettelaat Press.

  6. Arabic Sources
  7. Ansari, Morteza. (1995). "Makasib", 1st edition, Qom: Baqeri Institute.
  8. Bahr al-Ulum, A. (2014). "Buhooth Fiqhiyah Min Muhadharat Ayatollah Al-Ozma Sheikh Hussein Helli," 2nd edition, Beirut: Dar al-Zahra.
  9. Al-Jebelli Al-Amili, Zein al-Din. (1992). "Masalik al-Afham Fi Sharh Sharayi' al-Islam", Vol. 8, 1st edition, Al-Ma'arif al-Islamiyah Institute.
  10. Al-Hurr Al-Amili, Muhammad ibn Hasan. (2012). "Wasail al-Shi'ah Ila Tahsil Masa'il al-Shari'ah", 4th edition, Beirut: Dar Ahya al-Turath al-Arabi.
  11. Khoei, Abul Qasim. (No. date). "Menhaj al-Salihin," Vol. 20, Beirut: Dar al-Zahra Press.
  12. _________ (1990). "Menhaj al-Salihin," Qom: Nashr Mesbah al-Fiqhahat.
  13. Tabatabai Yazdi, Seyyid Muhammad Kazem. (No. date). "Hashiyah Makasib," 1st edition, Qom: Ismailiyan Press.
  14. Tusi, Abu Ja'far Muhammad ibn Hasan. (1995). "Nihayat al-Maram Fi Sharh Mukhtasar Sharayi' al-Islam", Vol. 3, Qom: Islamic Publishing Institute.
  15. Musavi Khomeini, Ruhollah. (1995). "Tahrir Al-Vasilah", Vol. 2, Qom: Islamic publishing institute.
  16. Najafi, Muhammad Hasan. (1987). “"Javahir al-Kalam fi Sharh Sharaye’ al-Islam”,", 2nd edition,

 Qom: Maktabat al-Islamiyah.

  1. Fazel Lankarani, Muhammad. (1998). "Tafsil al-Shari'ah (Nikah)," 1st edition, Qom: Markaz Fiqh al-A'imma al-Athar.
  2. Naraghi, Mulla Ahmad. (1987). "Awa'id al-Ayyam," Qom: Matba al-Ghadir.
  3. Articles and Theses
  4. Jahangiri, Mohsen, Yazdani, Gholamreza. (2012). "History and Scope of the Right to Detain in Imami Jurisprudence", Lessons in Civil Jurisprudence, Ferdowsi University of Islamic Sciences, Issue 6.
  5. Hashmati, Abolfazl. (No. Date). "Legal and Credibility Position of the Right to Detain in Iranian Positive Laws."
  6. Deilami, Ahmad; Khodadadpour, Manijeh. (2009). "Abuse of the Right to Divorce and Legal Solutions to Combat It", Family Research Quarterly, Issue 7, Year 5.
  7. Deilami, Ahmad; Khodadadpour, Manijeh. (2012). "Abuse of the Husband's Right to Prevent Wife's Employment", Women's Studies, Issue 2, Year 6.
  8. Rahpeyk, Siamak, Janbaz Savad Kouhi, Ali. (2012). "The Effect of General Waiver on the Forfeiture of the Wife's Right to Detain," Critique of viewpoint Quarterly, Year 1, Issue 1.
  9. Eraqi, Mohammad. (2004). "Abuse of the Right to Divorce," Master's Thesis, Faculty of Law and Political Science, University of Tehran.
  10. Azimzadeh Ardebili, Fa'ezeh. (No. date). "The Right to Detain in the Family Legal System in Islam", Institute for Humanities and Cultural Studies - Comprehensive Portal of Humanities.
  11. Fehresti, Zahra; Chavoshiha, Maryam. (2008). "Conditions Stated in the Marriage Document," Shiite Women Quarterly, Issue 17, Year 5.
  12. Ghabooli Dor Afshan, Seyyed Mohammad Mehdi. (2013). "Investigating the Status of Clerics and Legal Commitment to Marriage", Islamic Jurisprudence and Legal Foundations Research Journal, Year 1, Issue 1.
  13. Ghayumzadeh, Mahmoud. (2010). "An Examination of the Nature of the Right to Detain in Marriage and How to Fulfill It", Journal of Islamic Jurisprudence and Legal Foundations, Issue 1.
  14. Karimi, Abbas. (1983). "Imposed Conditions from the Perspective of the General Principles of Contracts", Journal of Legal Research, Year 1, Issue 1, Law and Legal Studies Institute of Shahre Danesh.
  15. Mozhgani, Seyyed Hassan. (No. date). "Conditions Imposed in the Marriage Contract", Published on the Legal Articles Publishing Portal, Haghgostar Press.
  16. Mousavi Khoshdel, Seyyed Samad. (1999). "Divorce for Men and Women," Book Critique, Vol.12, Issue 3.
  17. Naqibi, Seyyed Abolqasem. (2007). "Abuse of Rights in Imami Jurisprudence and Iranian Law from an Islamic Perspective", Nedaye Sadegh, Year 12, Issue 47.
  18. Vaseghi, Mohsen. (2012). "A Comparative Study of the Validity and Invalidity of a Foundational Condition in Islamic and Iranian Law", Journal of Islamic Jurisprudence and Legal Foundations, Year 8, Issue 29.
  19. Hadavi Tehrani, Mehdi. (2007). "Religious Rules on Women's Employment," Payam-e Hoze, Issue 86.

 

  1. Websites:
  2. The Legal Affairs Website of the Judiciary of Iran.
  3. The Education and Research Deputy of the Judiciary of Iran, Iran's Judicial Procedure with Family Courts.
  4. The Commission for Jurisprudential Inquiries and Legal Advisers of the Supreme Judicial Council, 1984.
  5. Internet Portal WWW.Nahadir.
  6. Internet Portal WWW.Haghgostar.ir.
  7. Internet Portal WWW.SiD.ir.
  8. Judicial Inquiries Repository, 2010.
  9. Administrative Justice Court Website.
Biannual Journal of Family Law And Jurisprudence
Volume 30, Issue 83
June 2025
Pages 137-167

Files

Share

How to cite

Statistics