Jurisprudential - legal studies of woman and family

Jurisprudential - legal studies of woman and family

Wife's Financial Rights during Married Life in Iran and France

Document Type : Original Article

Authors
Seyyed Mohsen Fattahi 1
fariba parvinian 2
1 Assistant Professor, Department of Jurisprudence and Law, University of Religions and Denominations, Qom, Iran
2 PhD Student in Women's Studies (Women's Rights in Islam), University of Religions and Denominations
Abstract
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
Keywords
Woman
Family
Wife Rights
Financial Law
French Law
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  • Receive Date 15 October 2020
  • Revise Date 02 May 2021
  • Accept Date 01 June 2021