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.

Keywords

Main Subjects

References

 ـ Ashuri, Melika (2011). Financial rights of women. The first and second volume. Tehran: Payam  Sodeh  [in Persian]
ـ Arad, Ali (2012). Mehr, its history and its nature and provisions in terms of Iranian civil law and comparison with different religions. Tehran: Informed    [in Persian]
ـ Emami, Hassan (2010). civil law  Tehran: Islamiyah Publishing
 [in Persian]
ـ Imam Khomeini, Ruhollah (2002). polls Qom: Islamic Publications Office    [in Persian]
ـ Jafari Langroudi, Mohammad Jafar (2021). Expanded legal terminology. Tehran: A treasure of knowledge   [in Persian]
ـ Jahani, Farrokhzad (2012). The legal regime of joint property of spouses. Tehran: Imam Sadiq University (peace be upon him) 
[in Persian]
ـ Heydari, Masoumeh (2023), a comparative study of the status of women heads of households in labor rights and social security of the Islamic Republic of Iran and the international human rights system, Journal of Islamic Research and Studies, 5 (51),  page 1-13    [in Persian]
ـ Dehkhoda Ali Akbar Dictionary of Dehkhoda Tehran University of Tehran   [in Persian]
ـ Safiri, Khadijah (1998). Sociology of women's employment. Tehran: Tebayan Publications [in Persian]
ـ Senjari Moghadam, Fariba (2023), Legal aspects of women's role in development, Journal of Strategic Studies of Human and Islamic Sciences, 4 (54), page  89-108    [in Persian]
ـ Shujaei, Nader (2010). "Independence in married life". The right way  magazine, 3 (25), page . 50-70  [in Persian]
ـ Ghaffari, Gholamreza; Yousefi, Nariman (2017), Unequal opportunities and women's economic participation, Iranian Journal of Sociology, 19 (2),  page67-98  [in Persian]
ـ Sabzevari, Abd al-Ali decent  rulings  in the statement of lawful and unlawful     [in Persian]
ـ Shahidi, Mahdi (2010). Inheritance Tehran: Majd Scientific and Cultural Assembly   [in Persian]
ـ Tabatabai, Seyyed Mohammad Hossein (1994). Al-Mizan in the interpretation of the Qur’an .Qom : lslamic Publication office  [in Persian]
ـ Tabatabaei, Seyyedah Fatemeh (2011). The climate of memories. Tehran: Research Institute of Imam Khomeini and Islamic Revolution   [in Persian]
ـ Abbasi, Daoud; Ramadani, Shirin (2021). "Women's financial rights in Iran's legal system and its compatibility with international documents". Journal of jurisprudence  and   Modern Law, 2 (7),  page  21-48. [in Persian]
ـ Amid, Hassan (1990). Amid's Persian culture. Tehran: Amir Kabir Publications.  [in Persian]
ـ Farishtian, Hassan (2014). Spouse alimony, a comparative study of Iran's civil law and other legal systems. Qom: Book Garden   
[in Persian]
ـ Georgian, Abulqasem (2022). Comparative study of family law. Tehran: Tehran University Press  [in Persian].
ـ Qazi, Abulfazl (2021). Fundamental rights and political institutions. Tehran: Mizan.   [in Persian]
ـ Motahari, Morteza (2002). Women's rights system in Islam. Tehran: Sadra[in Persian]
ـ Haeri Yazdi , Sheikh Mortaza (1406 AH). Description of  Urwa Al Wuthqa , [in Persian]
ـ Khoei, Seyyed Abu al-Qasim .Encyclopaedia of Imam al-Khoei,
[in Persian]
ـ Mughniyeh , Sheikh Mohammad Javad. Jurisprudence from the point of view of the 5 religions [in Persian]
ـ Safai, Hossein (Winter 2010)Summary of Family Law, 30th ,Mizan Publishing House [in Persian]
ـ Magdad, Fazel, wonderful revision of the summary of rules [in Persian]
ـ Qanso al-Shahabi Al-Amili , Sheikh Mahmoud .The second Mustadrak of al-Wasail al-Shi'a.[ in Persian]
ـ Najafi, Hadi, Encyclopedia of Ahadith Ahl al-Bayt,( peace be upon him ) [in Persian]
ـ Katozan, Naser (2004(  The course of civil rights (family) 4th edition, Tehran: Publications of the joint stock company, [in Persian]
ـ (2000) ,Jurisprudence Research Center of the Judiciary, Treasure of Jurisprudential Opinions, writing 1, Qom  [in Persian]
Biannual Journal of Family Law And Jurisprudence
Volume 29, Issue 81
May 2024
Pages 295-322

Files

Share

How to cite

Statistics