Document Type : Scientific Research
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Abstract
According to Iran’s Civil Code, article 1105, being the family head (provider) is among the husband’s attributes. There are serious debates in Islamic Fiqh and Law about the meaning of being the family head and its boundaries; whether it endows the husband a privilege or places responsibility on his shoulders? In addition, there is no consensus on the consequences of being the family head as well as on the questions of whether husband can prevent his wife from employment; if there is any difference between the wife’s employment before marriage and after it, and finally if the wife can maintain her job after marriage if she includes it as a condition during the marriage contract.
Branch 252 of Iranian Family Court has issued a verdict which prevents a wife from maintaining her job as a teacher. In this paper, beside investigating husband’s authority and preventing the wife’s employment from the perspective of Islamic Fiqh and Law, the aforementioned verdict is brought under critical analysis.
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