The effect of the change in the structure of power in family on wife's rights

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Shafizadeh Farzaneh; POUR ABDULLAH KOBRA; Mohaghegh Damad Maryam al Sadat

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Journal Paper

Paper Information

Journal: Family Law and Jurisprudence Journal Year:2023 | Volume:28 | Issue:79 Page(s): 53-81

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Title

The effect of the change in the structure of power in family on wife's rights

Author(s)

Shafizadeh Farzaneh | POUR ABDULLAH KOBRA | Mohaghegh Damad Maryam al Sadat | Issue Writer Certificate

Keywords

the structure of powerQ4

familyQ4

wife's rightsQ4

Abstract

According to sociological studies, the structure of power in most Iranian families has evolved from authoritarian (patriarchal) to semi-democratic. This transformation has affected all aspects of the family, especially its legal dimension, in terms of the rights of members. One of the most important rights affected by this change is the wife's right. Therefore, in this research which has been done by descriptive-analytical method and collection of library information, we examined the impact of the transformation on the wife's right, and concluded that since the requirements of time and place necessitate the adaptation of laws to change, the legislature, in proportion to changes in the structure of power in the family, enacts new laws or amends old laws regarding the right of dowry, the right of alimony, the right of work, the right of Nehleh and fair equivalent remuneration (Ojratulmtsl) and the right to divorce. However, there are still issues related to the wife's rights in the field of dowry, employment rights, sexual rights, the right to dissolve marriage and the right to divorce, which have changed due to changes in the structure of power, but have not been considered by the legislature, Therefore, changing the old laws or enacting new laws is proposed by using the jurisprudential capacities.

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