نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
In traditional and Muslim societies, women's veiling and modest dress constitute significant and influential issues within the context of family life and spousal relations. Accordingly, many men select their spouses based on criteria related to attire and, following marriage, expect their wives to observe a particular type or standard of dress. Given the importance of the issue of women's covering and hijab, spouses may reach an agreement in this regard either through an explicit stipulation within the marriage contract or through an implied mutual understanding. Islamic jurisprudence and positive law remain silent on the validity or invalidity of such an agreement. Therefore, the present study, employing a descriptive-analytical method, seeks to address the following questions: Can a husband, by invoking an explicit or implied condition, obligate his wife to adhere to a specific form of dress? And is such a condition legally valid? The findings of this research indicate that the choice of attire is a right that the wife may, within the limits prescribed by Islamic law, transfer to another party. The legal opinions (fatwas) of certain jurists, which affirm the wife's authority in selecting her type of dress, lend support to the validity of the aforementioned condition. From a legal standpoint, the condition is also deemed valid; however, its breach carries no specific sanction, and only civil liability may be contemplated for the party in violation.
کلیدواژهها English
