The right of the wife to work and how it conflicts with the right of the husband to obey in historical jurisprudential texts

Subject Areas : Journal of History (Tarikh)

Hamidreza Nazemi Harandi ¹ , Davood Nasiran ² , Seyed Mohammad Hadi Mahdavi ³

1 - Department of Private Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran.
2 - Department of Private Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran
3 - Law Department, Najafabad Branch, Islamic Azad University, Najafabad, Iran.

Received: 2022-06-23 Accepted : 2022-07-24 Published : 2023-11-22

Keywords: Employment, hostility, wife, husband, general obedience,

Abstract :

The purpose of this study is to investigate the wife's right to employment and how it conflicts with the husband's right of obedience in jurisprudence, civil law and judicial procedure. The research method is descriptive-analytical and the results indicate that the right to employment is one of the fundamental freedoms and fundamental rights of every individual. Women also have this right as members of human society. The issue of women's employment has been considered and approved in international documents and domestic laws of Iran. In Islam and the laws in question, on the one hand, financial independence is accepted in the woman's business, and on the other hand, the husband's dominion over the family and his right of obedience has created a restriction for the wife in employment. Employment, especially working outside the home, requires the wife to leave the home, while leaving the home may conflict with her obedience to her husband and the protection of the family. In this article, the issue of women's employment in international documents, domestic laws and jurisprudence and its relationship with the right of obedience of men is examined.