Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

A new approach in ruling on the wife leaving the house based on the new lifestyle based on the opinions of jurists

Document Type : .

Authors
Kafieh Khojasteh Mah Sayeh 1
Amir Hamze Salarzaei 2
Mohammadreza Kaykha 3
1 PhD Student, Department of Figh and Islamic Law, Zahedan Branch, Islamic Azad University, Zahedan, Iran
2 Professor, Department of Figh and Islamic Law, University of Sistan and Baluchestan, Zahedan, Iran :(corresponding author).
3 Professor, Department of Figh and Islamic Law, University of Sistan and Baluchastan, Zahedan, Iran
10.22034/ejs.2023.397623.1448
Abstract
Background and Aim: The permission of a woman to leave the house is one of the controversial topics. The most important concern and question that we are trying to solve is the jurisprudence foundations of which of the jurisprudences in question seems to be more compatible in the modern lifestyle?
Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents.
Findings: Imam Khomeini believes that a woman does not have the absolute right to leave the house without her husband's permission. Khoei considers the outlet that conflicts with the man's right to sexual enjoyment and exploitation to be subject to the husband's permission. Tabatabai Yazdi and Hakim did not say anything about the prohibition of women leaving the house without the husband's permission, and instead prohibited women from traveling without the husband's permission.
Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Conclusion: The interpretations of the jurists show that only the output that conflicts with the spouse's right to enjoyment is haram. The result of this research is that the basis and jurisprudence of Khoui is more compatible with the requirements and needs of the present age and shows more dynamic jurisprudence.
Keywords
marriage
leaving home
Wife's duties
permission
Subjects
Strategic Studies of Jurisprudence and Law
Volume 4, special issue - Serial Number 5
Studies of economic jurisprudence
Autumn 2022
Pages 741-757