فصلنامه خانواده پژوهی (Jun 2020)
The Requirements of Introducing the Common Property System to the Iranian Matrimonial Regime with a view to the Quebec Matrimonial Regime
Abstract
legal regimes differ in outlining the method of contribution to the household, financial maintenance, and the division of property after separation/divorce. Some legal regimes, following the CEDAW’s regime, look for an egalitarian regime which rules for similar rights and responsibilities for both parties and partial community of properties between spouses through which economic advantages and disadvantages related to marriage and dissolution of marriage should be born equally by both parties. Another group of legal regimes establishes separation of properties as the guiding principle for marital economic relationship in which the expenses should be borne by men as the heads of the household and women should be compensated for her unpaid contribution to the household. This research will focus on Iran’s legal system, which follows Sharia (Islamic law) in separation of properties and ruling for compensation of unpaid contribution of women to household. The research compares Iran’s legal system and Quebec’s laws as an example of egalitarian regime and evaluate if Iran’s family law could integrate community regime in its family law with regard to the Sharia principles and its Islamic family law. And which criteria should be considered by Iranian legislator if desire to adopt community regime.
