Status of wife's employment rights in Iranian laws and Islamic jurisprudence
Subject Areas :
saeid zahedi asl
1
(faculy private law department of law،islamic azad university varzaghan branch،tabriz،iran)
mohammad masoudi nia
2
(faculy private law department of law،peyame noor university, tabriz،Iran)
Keywords: Employment, wife, Prohibition of Employment, Employment Conditions,
Abstract :
The Imams and Sunni jurisprudents have accepted the principle of the freedom of women's employment, but the determination of the limits of Imamiyya jurisprudence and public jurisprudence has caused the practice to put the principle in jeopardy. According to Iran's civil code, a couple has the right to request a court to prohibit him from engaging in employment if the marriage of a woman is to be considered as a violation of his dignity or family affairs. The doctrine and judicial procedure in the implementation of this article act in conjunction with the harm of the wife. The broad interpretation of "dignity" and "family interest", The possibility of prohibiting the employment of a wife, despite the condition of a contract based on his employment, Executing a judgment whose outcome is the court's obligation to terminate the wife's employment relationship with third parties. And the imposition of damages resulting from the termination of the contractual relationship between the work and the wife, All of this is a loss to your wife. This paper examines the doctrine and judicial procedure in the interpretation of Article 1117 of the Civil Code and answers to the arguments presented in these two sources of law, examining the maintenance of the rights of the wife and preventing the entry of possible losses
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