Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

Husbands' Permission and the Guarantee of Women's Dignity in Light of the Order of ‘No-Harms’

Document Type : research

Authors
1 PhD Student of Jurisprudence and Fundamentals of Islamic Law, Department of Theology and Islamic Studies, Najafabad Branch, Islamic Azad University, Najafabad, Iran.
2 Assistant Professor of Law Department, Najafabad Branch, Islamic Azad University, Najafabad, Iran
3 Assistant Professor, Department of Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran
10.22034/ejs.2024.452103.1759
Abstract
Background and Aim: Regarding the need to preserve the dignity of women from the perspective of religion, the present study investigates the issue of husbands` permission according to the order of ‘No-Harms’, as the governing jurisprudential order,  how to degrade dignity through permission, and the conflict between the two. Accordingly, the question arises whether husbands' permission in the general sense of submissiveness(Commandment in all general affairs of life) is in conflict with the dignity of women or not?
Materials and Methods: This article is descriptive and analytical. Materials and data are also qualitative and data collection was used to collect materials and data.
Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are respected.
Findings: the findings indicate according to the governing rule of No-Harms, it is understandable and acceptable to claim the dignity of women does not have any problems with permission )In the general affairs of life (in the prior order, and in cases where permission entails harm, it can challenge women's dignity, especially when men abuse this right, or the lack of permission contradicts with a more important matter.
Conclusion: Thus, it indicates the use of permission, in its true position, directly impacts the determination of parameters for interaction between couples, and emphasizing the need to preserve the dignity of women by citing the order of ‘No-Harms’, will provide legislators with a strong document for proposing fair laws in the family area, and revive the true position of women.
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