Jurisprudential - legal studies of woman and family

Jurisprudential - legal studies of woman and family

Women's Account of the Difficulties of Legally Claiming Their Family Rights

Document Type : Original Article

Authors
1 PhD Student in Women's Rights in Islam, University of Religions and Denominations, Qom, Iran
2 Assistant Professor, Department of Social Science and Development Studies, Research Institute of Women, Alzahra University, Tehran, Iran
Abstract
The purpose of this paper is to study the difficulties faced by women in claiming their family rights through law. The research has been done by qualitative method. Data were collected through semi-structured interviews with 21 women who had experience of marriage and marital life and were selected by purposive sampling. Data were analyzed using qualitative content analysis technique. According to the research findings, the legal difficulties of claiming women's family rights are included in four categories: the difficulties of using the terms of marriage contract, the dominance of the male view in drafting and enforcing laws, the inefficiency of family laws and the conflict between legal demands for rights with the continuation of a peaceful life. Accordingly, despite women's awareness of many of their family rights, mis-institutionalized attitudes and actions resulting from the cultural context of society, legal gaps, and the possibility of violating legal obligations play an important role in women not enjoying their rights.
Keywords

Abadiyan, Hoseyn; Safari, Zohreh. 2014. "Motalebat Ejtemai wa Farhangi Zanan dar Doreh Mashruteh ta Saltanat Reza Shah (Social and Cultural Demands of Women in the Constitutional Period until the Reign of Reza Shah)", in: Historical Essays, no. 2, pp. 1-19. [in Farsi]
Giddens, Anthony; Birdsall, Karen. 2010. Jameshenasi (Sociology), Translated by Hasan Chawoshiyan, Tehran: Ney. [in Farsi]
Hajipur, Morteza. 2004. "Ekhtiyar Zojeh wa Ebham dar Mafhum Osr wa Haraj (Wife's Discretion and Ambiguity in the Concept of Hardship)", in: Women's Research, no. 2, pp. 167-172. [in Farsi]
Hekmatnia, Mahmud. 2011. Falsafeh Hoghugh Zan (Philosophy of Women's Rights), Tehran: Research Institute of Islamic Culture and Thought. [in Farsi]
Hemmati, Reza; Maktubiyan, Maryam. 2013. "Barresi Waziyat Nabarabari Jensiyati dar Miyan Keshwar-hay Montakhab Khawarmiyaneh ba Takid bar Jaygah Iran (Investigating the Situation of Gender Inequality among Selected Middle Eastern Countries with Emphasis on Iran's Position)", in: Women's Studies, no. 2, pp. 115-142. [in Farsi]
Karami, A. 2011. "The Survey of the Relationship between Life General Health and Adjustment", in: Counts Cult Psychother, 4: 73-90.
Katuziyan, Naser. 2001. Falsafeh Hoghugh (Philosophy of Law), Tehran: Publishing Joint Stock Company, Second Edition, vol. 1. [in Farsi]
Khodadapur, Monireh; Deylami, Ahmad. 2009. "Su Estefadeh az Hagh Talagh wa Rahkar-hay Ghanuni Moghabeleh ba An (Abuse of the Right to Divorce and Legal Solutions to Deal with It)", in: Research Family, no. 17, pp. 73-92. [in Farsi]
Le Baron, A. B.; Kelley, H. H.; Carroll, J. S. 2018. "Money over Marriage: Marriage Importance as a Mediator between Materialism and Marital Satisfaction", in: Journal of Family and Economic Issues, 39 (2): 337-347.
Mirhoseyni, Bida; Aghajani, Hoseyn; Habibipur, Karam. 2019. "Motalebat Ejtemai Zanan wa Rabeteh Sarmayeh Ejtemai wa Sabk Zendegi ba Anha (Mored Motaleeh: Zanan Shahr Ghazwin) (Women's Social Demands and the Relationship between Social Capital and Lifestyle with Them (Case Study: Women in Qazwin))", in: Women and Family Studies, no. 1, pp. 73-95. [in Farsi]
Mohammadpur, Ahmad. 2013. Rawesh Tahghigh Keyfi Zed Rawesh: Marahel wa Rawiyeh-hay Amali dar Raweshshenasi Keyfi (Anti-Method Qualitative Research Method: Practical Steps and Procedures in Qualitative Methodology), Tehran: Sociologists, Second Edition, Second Edition, vol. 2. [in Farsi]
Musawi Khoyi, Seyyed Abolghasem. n.d. Menhaj al-Saadah (Path of Salvation), n.p: Al-Khoyi Islamic Institue, vol. 2. [in Arabic]
Najafi Jawaheri, Mohammad Hasan. 1943. Jawaher al-Kalam fi Sharh Sharae al-Islam (Jewelry Words in the Explanation of the Islamic Law), Beirut: Arab Heritage Revival House, Seven Edition, vol. 22. [in Arabic]
Rahimi Sajasi, Maryam; et al. 2020. "Naghz Hoghugh Zan dar Naghsh Hamsari: Mowajeheh Waghegerayaneh Zanan ba Masaleh Tazyi Hoghugh Khod (Violation of Women's Rights in the Role of Wife: A Realistic Confrontation of Women with the Issue of Abuse of Their Rights)", in: Women's Research, no. 3, pp. 111-139. [in Farsi]
Ritzer, George. 2014. Nazariyeh-hay Jameshenasi dar Doran Moaser (Contemporary Sociological Theory), Translated by Mohsen Thalathi, Tehran: Elmi, 19th Edition. [in Farsi]
Roshani, Shohreh; Gharawi Naini, Nehleh; Bastani, Susan. 2020. "Rewayat Zanan az Mawane Aramesh dar Zendegi Zanashuyi (Women's Account of Barriers to Peace in Marital Life)", in: Women and Family Studies, no. 3, pp. 29-74. [in Farsi]
Safiri, Khadijeh; Mirza Mohammadi, Hadith. 2015. "Barresi Ertebat Howiyat Jensiyati Zanan Moteahhel ba Negaresh An-ha be Hoghugh Zojayn (Investigating the Relationship between the Gender Identity of Married Women and Their Attitudes towards Marital Rights)", in: Women's Research, no. 3, pp. 103-124. [in Farsi]
Sanei, Parwiz. 2002. Hoghugh wa Ejtema: Rabeteh Hoghugh ba Awamel Ejtemai wa Rawani (Law and Society: The Relationship between Law and Social and Psychological Factors), Tehran: New Design. [in Farsi]
Shadi Talab, Jaleh. 2001. "Zanan Iran: Motalebat wa Entezarat (Iranian Women: Demands and Expectations)", in: Social Sciences, no. 18, pp. 31-62. [in Farsi]
Shenhao, Sharon. 2020. "Ghawanin Din, Hoghugh Khanewadeh wa Hoghugh Bashar Zanan (Religious Law, Family Law and Women's Human Rights)," in: Human Rights, no. 29, pp. 127-143. [in Farsi]
Tabatabayi, Seyyed Ali. 1997. Riyaz al-Masael fi Bayan al-Ahkam be al-Dalael, Qom: Al al-Bayt Institute. [in Arabic]
Tabrizi, Mansureh. 2014. "Tahlil Mohtaway Keyfi az Manzar Ruykar Ghiyasi wa Esteghrayi (Qualitative Content Analysis from the Perspective of Deductive and Inductive Approach)", in: Social Sciences, no. 64, pp. 105-138. In Farsi]
www.imam-khomeini.ir
Zarandi, Marjan; Hashemiyan Fard, Ali; Kiyanpur, Masud. 2017. "Zanan wa Barsakht Ejtemai Taahhod Zanashuyi (Women and the Social Construction of Marital Commitment)", in: Culture Strategy, no. 38, pp. 127-162. [in Farsi]
Volume 4, Issue 7 - Serial Number 7
September 2021
Pages 29-54

  • Receive Date 11 August 2021
  • Revise Date 06 September 2021
  • Accept Date 19 September 2021