Examining the condition during the marriage contract that obliges the wife to obey her husband in choosing the type of clothing

Boloori, Ali; Roshan, Mohammad; Abiri, Fatemeh

Examining the condition during the marriage contract that obliges the wife to obey her husband in choosing the type of clothing

Articles in Press

Document Type : Original Article

Authors

Ali Boloori ¹

Mohammad Roshan ¹

Fatemeh Abiri ²

¹ Family Institute/ Shahid Beheshti University

² Shahid Beheshti University

Abstract

In traditional and Muslim societies, women's clothing and hijab are considered an important and influential issue in family and couple`s relationships. Therefore, this issue is important for many men and they demand that their wives observe a certain type of clothing.

Due to the importance of women's clothing and hijab, couples may agree on this in the form of a stipulation or an implied condition. In jurisprudence and law, there is no specification regarding on its validity or invalidity. Thus, in this article, has been attempted to answer this question with a descriptive-analytical method, whether the husband can oblige the wife to observe a certain type of clothing based on an express or implied condition? Is such a condition valid?

Findings of this research shows that: choosing the type of clothing is a right that the wife can transfer to another within the limits of Sharia. The decrees of some jurists regarding the authority of the wife in choosing the type of clothing confirms the correctness of the aforementioned condition. From the legal point of view, this condition is also correct; But its breach does not have a specific fine; civil liability can only be considered for the violator.

Keywords

Stipulation in the marriage contract, Wife'

s clothing and makeup, The obligation to obey the husband, The right or ruling to choose clothing

Subjects