فصلنامه مطالعات راهبردی زنان
پیاپی 34 (زمستان 1385)

According to article 1117 of the civil law of the Islamic Republic of Iran, in line with the Islamic legal system, the wife has the right to work and the husband, under specific circumstances, has the right to oppose with the wife’s working. There are noteworthy ambiguities concerning the limitations of the wife’s right to work and the husband’s right to oppose to it in the law. This paper studies the wife’s right to work and its limitations, the limits of the husband’s right to oppose to his wife’s working, the conditions of the wife’s working and their validity etc. from a jurisprudential and legal perspective. The results of the study show that if the wife’s right to work is provided for in the marriage contract by the wife, the husband is not entitled to oppose to her working. The paper also proposes an amendment to article 1117 of the Iranian civil law.

Women’s demands are based on their natural needs and the Holly Lawgiver prudently admitted them. Thus, women’s rights forms and must be protected. At the time of the Prophet’s government, women fearlessly proposed their demands, enjoying the Prophet’s appropriate reaction. Since women’s rights were ignored in the pre-Islamic age, revival of their rights faced with disagreements in the Islamic age. In such circumstances, the Prophet theoretically and practically resisted against and tried to persuade the opponents. The goal behind the Prophet’s revival of women’s rights was to help them achieve bliss and perfection. Thus, the Prophet, in return for the demands, determined some limitations, too, to help human society attain to perfection without extremisms. As a result, the ways in which women’s demands were proposed and the ways these demands were fulfilled in the Prophet’s government can be a model for Islamic government at the present time and in the future.

Nowadays, the number of women running a family is increasing throughout the world. Most of such families have many problems so that it is turning into a social problem. These women usually face with destructive factors such as cultural discrimination, lack enough access to employment opportunities, illiteracy or low literacy, lack of constant income, and psychological problems. If they do not receive multidimensional supports, the society will be severely damaged. Thus, state institutions in the Islamic government have a notable role in organizing this group.

Embryo donation, apart from the question of being fair or unfair, has some legal implications which raised controversies among experts, with some of them agreeing and others disagreeing with it. In 1382/2003, the law of the conditions of donating embryo to infertile couples, containing five articles, was passed in the parliament. Although the law was very helpful at that time, because of being very brief, it has a number of deficiencies such as the indeterminacy of the ancestry of the infant. This paper deals with the legal implications of ancestry, inheritance, marriage, alimony, custody, and nationality. Finally, the shortcomings of the law were determined and some suggestions to amend the law were proposed.

Since 1960s the feminist theory has criticized the centrality of men in the traditional families and the role of women as housewives. Sex revolution _ the ratification of the law of divorce without culpability _ resulted in fundamental changes in the family. The feminists, claiming to give a better life and various freedoms to women, ignored humiliated their maternal instincts and emotions. Encouraging women to work out of the house, assimilating them to men, and ignoring their differences with men were considered as the ideals of the different branches of feminists and are still disseminated. At the same time, some Western intellectuals have deeply criticized this theory, putting forward the detrimental consequences of feminism to the family foundation. The writer of the book “Domestic Tranquility” is among the critics of feminism and this paper is a translation of a part of his book.