Analysis of the Differences between Women's Rights in Imamiyeh Jurisprudence and Article 16 of the Convention on the Elimination of Discrimination against Women Focusing on the Equal Rights of Couples in Marriage and Divorce

Subject Areas : All jurisprudential issues

Mahnaz Salami ¹ , Seyyed Mohammad Reza Ayati ² , Seyyed Hadi Mahdavi ³

1 - PhD Student of Theology Jurisprudence and Islamic Law, Islamic Azad University, Najafabad Branch, Najafabad,
2 - Professor of Faculty of Law and Theology, Sience and Research Branch, Islamic Azad University, Tehran, Iran
3 - PhD in Private law, Islamic Azad University, Najafabad Branch, Najafabad, Iran

Received: 2017-09-17 Accepted : 2017-11-06 Published : 2018-12-22

Keywords: Right, Convention, Divorce,

Abstract :

Justice is one of the most significant principles in Islamic teachings which is ripe with ethical causes and values. Islam has put a lot of emphasis on marriage. Marriage creates rights and responsibilities for couples. The analysis of the differences of these rights in Imamiyeh Jurisprudence and article 16 of the convention on the Elimination of Discrimination against Women deserves scrutiny. This Convention has determined equal rights for couples. One of the controversial issues is the directorship of husband in family. Due to The necessity of a head or director in any society, the directorship of husband is an administrative and not authoritarian one; so wife is not obliged to obey her husband in her personal affairs. In this paper, offering a new interpretation of the concept of directorship and relating it to the economy of family, I have tried to reconcile between the convention and the rule of religion. It seems advisable for the legislators to amend the laws via understanding the principles and eliciting them from the Holy Quran, tradition and the Islamic society customs, and setting appropriate criteria.