A Comparative Study of Non-Financial Rights of Spouses in Iranian and English Law
Subject Areas : Family Law
1 - Master of Private Law, Department of Law, Faculty of Literature and Humanities, Gilan University, Rasht, Iran.
Keywords: Non-financial rights of couples, patriarchy, family, non-financial rights and obligations of couples ,
Abstract :
The Iranian legal system, following Imami jurisprudence in family law and its institution, has granted the husband special rights and authority over the wife, which indicates that our legislator has imposed the idea of patriarchy on the family law system.values. Which appears in various forms and titles, such as: the wife's employment, determining housing and joint residence, the wife's departure from the country, and recognizing her nationality. While in English law, unlike the laws of other European countries, including France and the laws of our country, less attention has been paid to the institution of the family, so that the institution of the family in this country is weakening and collapsing, so that it can be said that there is no accepted definition of family law in England and Wales. In other words, in this research we are trying to answer this question. Does English law, like the laws of other European countries, including France and our country, grant special rights and authority to husbands against their wives? Therefore, this study attempts to examine and research the non-financial rights of husbands against their wives and the non-financial rights and duties of spouses in the legal systems of Iran and England using a comparative approach and a descriptive-analytical method.
1. Daneshpajouh, F. (2010). Headship in the family under Iranian law and its comparative study with English law (Master’s thesis). Faculty of Electronic Education, University of Qom. [In Persian]
2. Dowd, E. Nancy (2013). Fifty Years in Family law: Essays for Stephen Cretney (Rebecca Probert & Chris Barton, Eds.). Family Law Quarterly, 46(4), 631-634.
3. Katouzian, N. (2021). Civil Code in the Current Legal System. Tehran: Mizan Publishing. (62nd ed., 5th rev.). [In Persian]
4. Katouzian, N. (2023). Civil Law: Family Law, Vol. 1 (Marriage, Divorce, Husband and Wife Relations). Tehran: Ganj-e Danesh Publishing. (7th ed.). [In Persian]
5. Madani Kermani, A. (2024). Judicial Precedent in Family Disputes, Vol. 2. Tehran: Majd Publications. (1st ed.). [In Persian]
6. Mahdavi, M. S., & Sabouri Khoramshahi, H. (2003). Analysis of power distribution structure in the family. Psychological-Social Studies of Women, 1(2), 29-67. [In Persian]
7. Mehrpour, H. (1999). A discussion on women as judges. Journal of Legal Research, 25-26, 9-59. [In Persian]
8. Mina, M., & Fali, S. M. (2023). Comparative analysis of fundamental principles of family law in some common law countries and their comparison with Iranian law. Journal of Jurisprudence and Family Law, 28(78), 257-280. [In Persian]
9. Monsafi Rad, M., & Heydarnejad, K. (2023). The legal status of fidelity and infidelity of spouses from the perspective of Iranian and English law. Journal of Modern Jurisprudence and Law, 8(17), 1-10. [In Persian]
10. Naeini, M., & Pourmorad, R. (2017). The principle of unity of spouses’ nationality in Iranian, British, and international conventions law. Journal of Private Law Research, 6(20), 10-33.
[In Persian]
11. Nikpay, A., & Pouya, R. (2012). Sociology of family transformation in Iran: A study of the social and legal dimensions of the Family Support Bill. Historical Sociology, 4(1), 131-169. [In Persian]
12. Safaei, S. H., & Emami, A. (2019). Family Law (Concise). Tehran: Mizan Publishing. (52nd ed., 6th rev.). [In Persian]
13. Safaei, S. H., & Ghasemzadeh, M. (2016). Civil Law: Persons and Incapacitated Individuals. Tehran: SAMT. (22nd ed., 5th rev.). [In Persian]
14. Scherpe, Jens & Sloan, Brian. (2014). Contractualisation of family law in England and Wales. University of Cambridge, Faculty of Law, Legal Studies Research, Chapter I, General part, 1-….
15. Scherpe, Jens M. (2022). England and Wales: A jurisdiction without a matrimonial property regime. Actualidad Jurídica Iberoamericana, (16), 1602-1621. ISSN: 2386-4567.
16. Seifi Zeinab, G., & Shahmoradi Zavareh, M. (2019). Comparative study of non-financial rights of spouses in Iranian and French law. Journal of Legal Studies, 22(86), 217-240. [In Persian]
