An Approach to the Challenges and Necessities of the Financial Rights of Working Women in the Light of Iranian Jurisprudence and Law

Document Type : Specialized Article

Authors

1 Assistant Professor in Department of Law, Islamic Azad University, Damavand branch,Tehran, Iran

2 Master's degree in criminal law and criminology from Tehran University, Farabi campus, Qom, Iran

3 Master's degree in criminal law and criminology from Tehran University, Farabi campus, Qom, Iran.

Abstract

The society's need for expert personnel and the increase of educated women compared to the previous centuries have led to the greater importance of legal and jurisprudential debates about women's financial independence and examining its conditions in the context of the family environment. In the verses of the Quran and hadiths, as well as jurisprudence and legal works, various works on this subject have been examined, but there are still some ambiguities due to the various aspects of this subject. Some believe that a woman's leaving home for any purpose must be with the consent of her husband, and some more mildly believe that in the case of a woman’s employment and the condition of its continuation, a man cannot prohibit a woman from her job. However, according to the women's employment policies in Islamic Republic of Iran, it is approved by the Cultural Revolution Council of It is hoped that women will be able to move in the way of securing the fundamental and major goals of Sharia in the shade of benefiting from special goals in the family and society. So, the question is, what is the necessity of examining the financial rights of working women? And what challenges dose it faces? The research method in this research is descriptive-analytical and the findings indicate that the financial rights of working women in Iran have been neglected due to lack of research attention and this issue can be examined in relation to issues such as remuneration, entitlement to a dowry and alimony. On the other hand, issues related to the financial rights of working women, such as restrictions on women's employment, women's employment laws, pregnancy, childbirth, breastfeeding, working hours of women with special conditions, have been discussed in this article. In these cases, it is also concluded that the law has made some predictions in this field, but in practice we are facing a double conflict of managerial behavior in this regard and we see that this issue is facing many adversities for women in the field of work.

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    • Amidi, H. (1990). Amidi Persian Dictionary. Amir Kabir.
    • Ashouri, M. (2011). Women's Financial Rights. Payam Sood.
    • Center for Jurisprudential Research of the Judiciary (2000). Treasury of Jurisprudential and Judicial Opinions. Nashriyeh Dadresi.
    • Emami, H. (2010). Civil Law. Nashr Islamiyeh.
    • Fadhil Muqaddad, M.B.A. (2023). The Magnificent Revision of the Summary of the Sharia. Maktabah Ayatollah al-Uzma Mar'ashi Najafi.
    • Farshitian, H. (2015). Wife's Maintenance: A Comparative Study of Civil Law in Iran and Other Legal Systems. Bustan Ketab.
    • Gorji, A.Q. (2022). Comparative Study of Family Law. Daneshgah Tehran.
    • Har Amili, M.B.H. (1994). The Means of Shia. Al-Bayt.
    • Here are the citations with the book titles translated into English:
    • Heydari, M. (2023). Comparative Study of the Status of Women Heads of Households in Labor and Social Security Law of the Islamic Republic of Iran and International Human Rights Law. Journal of Islamic Research and Studies, 5(51), 1-13.
    • Jafari Langroodi, M.J. (2021). Comprehensive Legal Terminology. Ganj Danesh.
    • Jahani, F. (2012). Legal Regime of Joint Property of Spouses. Daneshgah Imam Sadiq.
    • Katouzian, N. (2005). Course on Family Civil Law. Sherkat Sahami Enteshar.
    • Khoei, A.Q. (1997). Encyclopedia of Imam Khoei. Mo'asseseh Ihya' Aathar al-Imam al-Khoei.
    • Khomeini, R. (2002). Inquiries. Daftar Nashr Islami.
    • Masha'i, Q. (2009). Family from the Perspective of Islamic Jurisprudence and Law. Samt.
    • Mohaghegh Damad, M. (2002). Legal Examination of Family Rights. Markaz Nashr Tahqiqat Islami.
    • Mohaghegh Karkhi, A.B.H. (1994). Jami' al-Maqasid. Mo'asseseh Al-Bayt.
    • Motahari, M. (2002). The Legal System of Women in Islam. Sedra.
    • Najafi, H. (2022). Encyclopedia of Hadiths of Ahl al-Bayt.Dar Ihya' al-Turath al-Arabi.
    • Qazi, A.F. (2021). Fundamental Rights and Political Institutions. Mizan.
    • Sabzevari, A. (1993). Refined Rulings on Halal and Haram. Dar al-Tafsir.
    • Safai, H., & Emami, A. (2011). A Brief on Family Law. Daneshgah Tehran.
    • Safiri, K. (1998). Sociology of Women's Employment. Tabyān.
    • Sanjari-Moghadam, F. (2023). Legal Dimensions of Women's Role in Development. Journal of Strategic Studies in Humanities and Islam, 4(54), 89-108.
    • Shahidi, M. (2011). Inheritance. Majma' Ilmi va Farhangi Majd.
    • Shajai, N. (2011). Independence in Marital Life. Journal of Right Path, 3(25), 50-70.
    • Tabatabai, F. (2011). The Climate of Memories. Pazhooheshkadeh Imam Khomeini and Islamic Revolution.
    • Tabatabai, M.H. (1996). Al-Mizan in the Interpretation of the Quran. Daftar Nashr Islami.