• List of Articles Wife

      • Open Access Article

        1 - Certificate of Incompatibility based on Mutual Consent and Its Enforcement in Conformity with Jurisprudence and Positive Laws
        Leila Sadat  Asadi
        Abstract: Mutual consent divorce is one major cause behind issuing certificate of incompatibility that upon the very consent, the court is free to avoid entering into the nature of the dispute. The family law, ratified in 2012, while stipulating a time span for issuing More
        Abstract: Mutual consent divorce is one major cause behind issuing certificate of incompatibility that upon the very consent, the court is free to avoid entering into the nature of the dispute. The family law, ratified in 2012, while stipulating a time span for issuing certificate of incompatibility based on mutual consent, has conditioned its enforcement to the request by the husband. Therefore, a single request by the wife cannot be legally sufficient for the enforcement of the law. Such a preference is synonymous with spoiling the financial rights of the wife and this makes the wife’s will in mutual consent divorce ineffective. There is also ambiguity in the nature of divorce based on mutual consent and the type of divorce contract, which this paper intends to study. Manuscript profile
      • Open Access Article

        2 - Investigating the place of moral values in alimony and the feasibility of abolition of alimony in Iranian jurisprudence and law with a comparative study of American law
        Fakhr Afagh  Hamidi Seyed Ahmad Ali  Hashemi Hossein Naseri Moghaddam
        The wife's right to alimony in Islam and civil law, following Imami jurisprudence, is one of the inalienable rights of a permanent wife that a man is required to pay. Regarding the place of moral values in alimony, we came to the conclusion that the reason for the oblig More
        The wife's right to alimony in Islam and civil law, following Imami jurisprudence, is one of the inalienable rights of a permanent wife that a man is required to pay. Regarding the place of moral values in alimony, we came to the conclusion that the reason for the obligation of men to pay alimony in Islamic law, given the different characteristics of men and women and the ability of each, is this obligation for men and not women and a moral value is the basis. It was a verdict. Regarding the necessity of the right to alimony, while examining the famous and unfamiliar opinions of the jurists, the lack of specification of the legislator and the unanimous decision of the Supreme Court, we came to the conclusion that as soon as the marriage is concluded, the wife is entitled to alimony and Muscat will not . Regarding the possibility of abrogation of alimony by the wife before concluding the marriage and its obligation, abrogation of this right from a legal point of view will be a valid and ineffective case; However, it seems that abortion after marriage is partially acceptable by the wife and does not interfere with the validity of the marriage and the legislative interests. In American law, although the issue of revocation of rights is not the same as in our law, alimony is a reciprocal obligation of the couple that not only does not expire during the cohabitation, but can also continue for each couple after the divorce. Unless the spouses agree or do not demand from each other, in such a case, according to the rule of the principle of will and the absence of the legislator in the personal relations of the spouses (except in cases of disagreement) the agreements of the parties will be valid. A comparative study of the differences in the field of alimony found positive cases in the American legal system and suggestions were made to amend the laws. Manuscript profile
      • Open Access Article

        3 - Islamic Thought System and Economic Participation and Women's Employment
        Mohammad Ali  Akhavian amirabas madavifard rahman zare
        Women's employment is one of the most important topics in the field of women's studies, which has led to different theories and opinions. The problem we seek to analyze is what is the priority in the religious approach and revelatory teachings in the conflict between th More
        Women's employment is one of the most important topics in the field of women's studies, which has led to different theories and opinions. The problem we seek to analyze is what is the priority in the religious approach and revelatory teachings in the conflict between the key roles of women such as marriage and childbearing by working outside the home? This study, with an analytical look, while examining the three approaches to women's employment and expressing its disadvantages and advantages, came to the conclusion that from the perspective of verses and hadiths, the role of wife and mother for women is a priority in divine duties and has a value and moral burden. Employment, though, is a women's right; But it is not their job Therefore, in cases of conflict between employment and the main female roles, ie wife and mother, while observing this priority, moral and jurisprudential ideas should be given special attention, and by observing moral health in social relations between men and women, preserving the dignity of women is a priority. Family interests paid attention to this issue in terms of developmental differences between men and women, as well as the disadvantages and advantages of employment. The present study finally offers solutions to resolve the conflict. This article analyzes the opinions in a descriptive and analytical method with a revelatory approach and citing verses, narrations and opinions of thinkers. Manuscript profile
      • Open Access Article

        4 - Legal Examination Of The Wife's Residence In The Joint House During The Days Of The Rejaya Period
        Fatemeh  Fallahpour Seyed Mohammad  Asadi nejad
        Wife's housing is considered one of the most basic examples of alimony and also one of the most valuable financial rights of the couple, which creates a very sensitive position in the strength and stability of the family. therefore; According to Article 1005 of the Civi More
        Wife's housing is considered one of the most basic examples of alimony and also one of the most valuable financial rights of the couple, which creates a very sensitive position in the strength and stability of the family. therefore; According to Article 1005 of the Civil Code, couples can agree on their place of residence during the marriage. In this way, the agreement that the couple makes for the wife to live in an independent house; Based on the aforementioned article, it is possible. Also, when the marriage is dissolved In special cases, such as the days when the wife is in the category of retroactive divorce, The legislator has required couples to They have continued to live in a common house next to each other for a certain period of time, Because a divorcee during the period of divorce is the same as a wife, And his rights and duties are the same as those of a wife during marriage. Also, regarding the nature of the couple's residence in the joint house, Although cohabitation is proportional to the meaning of the contract, that agreement and consent against it is also possible. But this residence in the joint house is also considered as the husband's right And it is one of the accessories of good company, And it is one of the accessories of good company, Therefore, the present research has analyzed the legal analysis of the wife's residence in the common house during the days of the Rejiya. And the results of this research indicate this, But this right is shared with the duties related to living in the house, It can be collected and the wife has no right to complain about accepting her husband in the joint house. Manuscript profile