فقه و حقوق خانواده (Sep 2023)

The effect of the change in the structure of power in family on wife's rights

  • Farzaneh Shafiezadeh,
  • kubra poorabdollah,
  • Maryam Sadat Mohaghegh Damad

DOI
https://doi.org/10.30497/flj.2021.240579.1642
Journal volume & issue
Vol. 28, no. 79
pp. 53 – 81

Abstract

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According to sociological studies, the structure of power in most Iranian families has evolved from authoritarian (patriarchal) to semi-democratic. This transformation has affected all aspects of the family, especially its legal dimension, in terms of the rights of members. One of the most important rights affected by this change is the wife's right. Therefore, in this research which has been done by descriptive-analytical method and collection of library information, we examined the impact of the transformation on the wife's right, and concluded that since the requirements of time and place necessitate the adaptation of laws to change, the legislature, in proportion to changes in the structure of power in the family, enacts new laws or amends old laws regarding the right of dowry, the right of alimony, the right of work, the right of Nehleh and fair equivalent remuneration (Ojratulmtsl) and the right to divorce. However, there are still issues related to the wife's rights in the field of dowry, employment rights, sexual rights, the right to dissolve marriage and the right to divorce, which have changed due to changes in the structure of power, but have not been considered by the legislature, Therefore, changing the old laws or enacting new laws is proposed by using the jurisprudential capacities.

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