نوع مقاله : مقاله پژوهشی
نویسندگان
1 استادیار گروه فقه و حقوق، دانشگاه ادیان و مذاهب، قم، ایران
2 دانشجوی دوره دکتری مطالعات زنان با گرایش حقوق زن در اسلام، دانشگاه ادیان و مذاهب، قم، ایران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
This paper compares the wife's financial rights in Iranian family law with French law and concludes that according to the existing laws and changes that have taken place and the variety of lifestyles, nowadays the wife's financial rights in the family such as ojrat al-methl (equivalent remuneration) and alimony as well as dower do not create a fair economic relationship between couples. Therefore, although the enactment of such laws in the fourteen centuries ago was an effective and great step to realize the financial rights of the wife, in the customary and cultural conditions of today's society, the implementation of these laws is such that they cannot solve the financial problems of the wife. Also in the real world, their implementation is guaranteed only by the fairness and justice of the husband. Given the strategies in France and some other countries turning to the conclusion of prenuptial agreements, this comparative study, following French law, seeks to propose that instead of including pre-determined conditions in the contract marriage (which is not required for the husband to accept) the couple arrange the prenuptial contract on financial rights, custody of children and the like under the supervision of a lawyer. It is hoped that this solution, by creating transparency resulting from a specific contract, can reduce family disputes, facilitate the resolution of family problems, and protect the wife's financial rights
کلیدواژهها [English]
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