Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

The scope of financial rights of the wife in Imami jurisprudence and the legal system of Iran and France

Document Type : research

Authors
Maryam kohansal kalkenari 1
Mohammad Javad Bahreini 2
Alireza Asgari 3
1 PhD student of private law, Qom Branch, Islamic Azad University, Qom, Iran.
2 assistant professor of law department, Jamia Al-Mustafa Al-Alamiya University, Qom, Iran
3 Associate Professor of Law Department, Qom Branch, Islamic Azad University, Qom, Iran
10.22034/ejs.2024.462274.1835
Abstract
Background and purpose: The wife's financial rights, as one of the most important topics of family law, has always been the focus of jurists and jurists; However, it still faces shortcomings. The purpose of this article is to examine the scope and effects of the wife's and the legal system of Iran and France.
Materials and Methods: The present article is theoretical and the analytical descriptive method was used. Materials and data are also qualitative and data collection was used in collecting materials and data.
Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are observed.
Findings: The findings showed that Iran's legislator uses a punitive approach for dowry and payment guarantee, and in French law, the amount of a wife after divorce. Iranian the equality of duties between husband and wife to be correct and in many cases refers to the justice of rights and duties between them, on the other hand, the French legislator considers the rights of husband and wife to be equality and not justice.
Result: The result is that in Iranian law, a woman has financial independence and can take any possession of her property. The income that a woman earns from her work and economic activity is also considered part of her property, and the woman has the right not to give this income to her husband. In French law, the common property of men and women prevails.
Keywords
woman
family
wife's rights
financial law
Imami jurisprudence
French law
Subjects
Strategic Studies of Jurisprudence and Law
Volume 4, special issue - Serial Number 5
Studies of economic jurisprudence
Autumn 2022
Pages 1047-1064