Examples of Conflict between Wife's Employment and Marital Duties and its Solution

Document Type : Scholarly Article

Authors

1 4th level Student of Family Jurisprudence, Fatemeh Al-Zahra Specialized Theological School, Semnan, Semnan, Iran

2 Graduated from the 3rd level of Islamic Theology, Fatima Al-Zahra Specialized Theological School, Semnan, Semnan, Iran

Abstract

Islam values the financial independence of women, and for this reason, it accepts the wife's employment if it does not conflict with the husband's rights; But, in some cases, there is a conflict between the wife's employment and the husband's rights which should be examined the solutions that jurisprudence provides to overcome this conflict. Therefore, in order to preserve the family center and strengthen its foundation, the author has decided to investigate the ways to overcome the conflict between the wife's employment and the husband's rights, by using a descriptive - analytical method and collecting library data. Women's employment is divided into mandatory, Mustahab, Makruh, and permissible, and the types of wife's duties are subservient to the matrimonial bed, the request for withdrawal, and the exclusiveness of enjoyment. In these cases, which is interpreted as conflict, the rational, religious and tradition-based rule for solving the conflict should be defined between the more important and the less important and the more important should be precedence over the less important. With this rule, the values such as family which is fundamental institution in Islam, would be preserved. Sometimes there is a situation where the wife cannot perform the two duties of employment and submission at the same time and has to sacrifice one. In these cases, she should sacrifice the important thing according to the type of wife's duty and type of employment; It means to perform a task that is more important and leave the other task. In this context, it is necessary to pay attention to the individual differences of women, such as the physical and mental capabilities of the wife, the family differences of women, such as the beliefs and convictions governing the husband's intellectual system regarding the type and duty of the wife, as well as the social differences of women, such as the level of efficiency and effectiveness of their jobs.

Keywords

Main Subjects

برگرفته ‌از رسالۀ سطح 4 با عنوان مبانی فقهی تهدید حق استمتاع زوجین در فقه امامیه، ، مدرسۀ علمیۀ تخصصی فاطمه الزهرا(س) سمنان، سمنان، ایران.

References

-Akhund Khorasani, Mohammad Kazem. 1413 AH. Kafayat alasol. Qom: Al Al Bayt Foundation. In Persian
-Ansari, Sheikh Murtaza (1415). Al-Makasib. Qom: Majma' al-Fikr al-Islami. In Persian
-Askari, Abu Hilal (1390). Alfuruq allughaviyah. Qom: Islamic Publishing Foundation. In Persian
-Alidoost, Abu al-Qasim (1388). Jurisprudence of New Phenomena. Qom: Ishraq Hikmat Publishing. In Persian
-Ghoravi Isfahani, Mohammad Hossein (1990). Albuhuth fiy alfiqh. Qom: Islamic Publishing Foundation. In Persian
-Holy Quran. In Persian
-Hurr Ameli, Sheikh Abu Ja'far. (1414 AH). Vasael eleshie. Qom: Al Al Bayt Foundation. In Persian
-----------. Tazkareh elfogha. Tehran: Al-Mortazawiyya School. In Persian
-----------. Iiydah alfawayid fI sharh mushaklat alqawaeid. 1387. Qom: Ismailian Foundation. In Persian
-----------. Tahriralahkam alshareayh ealaa madhhab alemamiyh. Mashhad: Al-Bayt Foundation. In Persian
-Ibn Babawayh (Sheikh Saduq) Muhammad bin Ali (1413 AH). Man la yahzareh elfaqieh. Qom: Islamic Publications Office. In Persian
-Jurisprudential and Judicial Opinions Treasury Software. Office of Clergy Training and Compilation of Jurisprudential Texts, Deputy for Education of the Judiciary. Question 5760. In Persian
-Kolayni, Muhammad bin Yaqoub (1367). Alkafi. Tehran: Dar Al-Kutub Al-Islamiyyah. In Persian
-Khoyi, Sayyid Abu al-Qasim (1377). Misbah alfaqahi. Najaf: Al-Haidariyeh Printing Press. In Persian
-Majlisi, Muhammad Baqir (1405 AH). Bihar al-Anwar. Tehran: Al-Maktab al-Islamiyya. In Persian
-Makarem Shirazi, Nasser (1424 AH). The Book of Marriage. Qom: Imam Ali ibn Abi Talib School. In Persian
-Mirsalim, Seyyed Mustafa. (1996). Encyclopedia of the Islamic World. Tehran: Islamic Encyclopedia Foundation. In Persian
-Mohaghegh of Hilli, Sheikh Najm al-Din Ja'far ibn al-Hasan (1409). Islamic Laws in Matters of Halal and Haram. Tehran: Esteghlal Publications. In Persian
-Musavi Ameli, Muhammad bin Ali (1429 AH). Islamic Laws in Matters of Halal and Haram: Explanation of the Evidence for Rulings. Qom: Al Al Bayt Foundation. In Persian
- Musavi Khomeini, Seyyed Ruhollah. (1980). Imam Khomeini's Inquiries. Tehran: Institute for the Compilation and Publication of Imam Khomeini's Works. In Persian
-Najafi, Mohammad Hassan. (1983). The Jewel of the Word in the Explanation of Islamic Laws. Beirut: ‌‌‌‌‌Darehya Al-Turat Al-Arab. In Persian
-Osoli, Ehsan. Bani Hashemi Khomeini, Mohammad Hassan. 1383.  Resaleh tozih olmsael maraje. Qom: Islam Publications. In Persian
-Rouhani, Sayyid Muhammad Sadiq (1372). Fiqh alsaadiq ealayh alsalam. Qom: Dar Al-Kitab. In Persian
-Subhani, Jaafar. (1434 AH). Almabsut fay asul alfiqh. Qom: Imam Sadiq Foundation. In Persian
-Tabatabai Yazdi. (1420 AH). Al-Urwah Al-Wuthqa. Qom: Islamic Publishing Foundation. In Persian
-Tabatabai, Sayyid Ali bin Muhammad Ali (1418 AH). Ryaz almasile fi tehqeeq aalhakam baldalile. Qom: Al Al Bayt Foundation. In Persian
-Tusi, Muhammad bin Hasan. Al-Istbasar. Tehran: Dar al-Kitab al-Islamiya. In Persian
-Velaei, Isa (2008). Explanatory Dictionary of Fundamental Terms. Tehran: Nay Publishing House. In Persian
 
Biannual Journal of Family Law And Jurisprudence
Volume 30, Issue 83
June 2025
Pages 31-49

Files

Share

How to cite

Statistics