A Criticism of Economy-Centered Approach of Family Laws; explaining the Legal Gaps of Women's Human and Emotional Rights

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RAHIMI SAJASI MARYAM; SHAKERI GOLPAYGANI TOUBA; KALANTARI ABDUL HUSSEIN

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Journal: Islamic Journal of Women and the Family Year:2019 | Volume:7 | Issue:14 Page(s): 27-56

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Information Journal Paper

Title

A Criticism of Economy-Centered Approach of Family Laws; explaining the Legal Gaps of Women's Human and Emotional Rights

Author(s)

RAHIMI SAJASI MARYAM | SHAKERI GOLPAYGANI TOUBA | KALANTARI ABDUL HUSSEIN | Issue Writer Certificate

Keywords

gap between jurisprudence and lawQ1

Maghased al-ShariahQ1

women's noneconomic rightsQ1

supplementary rulesQ1

arbitration institutionQ1

restorative punishmentQ1

Abstract

This study was conducted with the purpose of explaining the legal gaps of women's human and emotional rights and providing solutions for filling them and with the help of a documentary-comparative method. Legal thoughts of women's rights related to their role as wives and adapting them to jurisprudential teachings show that lawmakers pay special attention to women's economic rights. According to the goals of Shariah and objective experiences of family-related injuries, although women's human and emotional rights are prior to their economic rights, they have not found an acceptable position in the social and judicial institutions yet due to not predicting them in the Constitution; thus in this study, first, the capacities of two legislative and judicial institutions were examined and then, based on the family-related legal limitations, the solutions of registering supplementary rules, the revival of arbitration institution, and deployment of restorative performance guarantee were presented as legal ways to revive women's human and emotional rights.

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APA: Copy

RAHIMI SAJASI, MARYAM, SHAKERI GOLPAYGANI, TOUBA, & KALANTARI, ABDUL HUSSEIN. (2019). A Criticism of Economy-Centered Approach of Family Laws; explaining the Legal Gaps of Women's Human and Emotional Rights. THE ISLAMIC JOURNAL OF WOMEN AND THE FAMILY, 7(14 ), 27-56. SID. https://sid.ir/paper/368610/en

Vancouver: Copy

RAHIMI SAJASI MARYAM, SHAKERI GOLPAYGANI TOUBA, KALANTARI ABDUL HUSSEIN. A Criticism of Economy-Centered Approach of Family Laws; explaining the Legal Gaps of Women's Human and Emotional Rights. THE ISLAMIC JOURNAL OF WOMEN AND THE FAMILY[Internet]. 2019;7(14 ):27-56. Available from: https://sid.ir/paper/368610/en

IEEE: Copy

MARYAM RAHIMI SAJASI, TOUBA SHAKERI GOLPAYGANI, and ABDUL HUSSEIN KALANTARI, “A Criticism of Economy-Centered Approach of Family Laws; explaining the Legal Gaps of Women's Human and Emotional Rights,” THE ISLAMIC JOURNAL OF WOMEN AND THE FAMILY, vol. 7, no. 14 , pp. 27–56, 2019, [Online]. Available: https://sid.ir/paper/368610/en

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