Necessity of Harmonizing the Rights and Duties of Spouses in the Iranian Legal System with International Conventions
Keywords:
Harmonization, Spousal Rights, International Conventions, Globalization, Social JusticeAbstract
In the Iranian legal system, the rights and duties of spouses are defined based on Islamic jurisprudence and civil law, whereas international conventions emphasize equality between men and women. These differences have, in certain cases, led to challenges in aligning domestic laws with Iran’s international commitments. This issue has rendered the harmonization of spousal rights a necessity. The harmonization of the rights and duties of spouses in Iran's legal framework with international conventions is one of the critical discussions in the domains of human rights and social justice. In recent years, the globalization of law and increased international interactions have heightened the need to reform and adapt domestic laws to international standards. In this context, assessing the necessity of such harmonization from the perspectives of protecting women's rights, preserving the institution of family, and promoting social justice assumes special importance. Accordingly, the objective of this study is to investigate the necessity of harmonizing the rights and duties of spouses in Iran's legal system with international conventions. This research adopts a descriptive-analytical approach and utilizes documentary and library-based sources to examine international instruments, domestic laws, and relevant legal theories. The findings of the study indicate that the globalization of human rights necessitates the revision of domestic legislation and its alignment with international norms, as such alignment strengthens the institution of family and enhances its stability. One of the most crucial steps in this process is the harmonization of spousal rights and duties, which can contribute to reducing violence against women and establishing social justice. Furthermore, the adoption of international principles in this area, while mitigating gender inequalities, reinforces the notion of global citizenship and expands international cooperation. Convergence with international standards not only elevates Iran’s standing in the field of human rights but also reinforces the country’s international obligations.
References
Abbasi, A. (2019). Critique and Review of Gender Inequality in Blood Money in the Legal System of the Islamic Republic of Iran. Women's Rights Research Journal, 8(2), 23-85.
Abbasi, S. (2014). Rights and Obligations of Spouses in Iranian Jurisprudence and Law and Its Comparison with English Law Doctoral Dissertation in Private Law, Payame Noor University, Tehran
Ayati, S. M. R., Salimi, M., & Mahdavi, S. H. (2018). Analysis of Women's Legal Differences in Imamiyyah Jurisprudence and Article 16 of the Convention on the Elimination of All Forms of Discrimination Against Women (Focusing on Equal Rights of Spouses During Marriage and Its Dissolution). Islamic Jurisprudential Foundations of Islamic Law, 11(21).
Castells, M. (2003). The Information Age: Economy, Society, and Culture: The Rise of the Network Society. Tarh-e No Publications.
Chelgerdi, S. (2021). Criminological Examination of the Legislator's Perspective in Drafting Criminal Laws with a Focus on Non-Violence Against Women Master's Thesis, Islamic Azad University, Tiran Branch
Deyani, A. (2021). Family Law. Mizan Publications.
Eikelenboom, K. F. (2016). Global citizenship: from a Cosmopolitan Elite to an Inclusive Global Society. British Journal of Socielogy, 57(1), 189-202.
Emami, S. H. (2021). Civil Law. Islamiyya Publications.
Fazeli, A. (2017). Women's Rulings According to the Fatwas of Ayatollah Ja'far Sobhani. Imam Sadeq Institute.
Ghavam, A. (2001). The Position of the State and Citizens in the Era of Globalization. Foreign Policy Quarterly, 15(3), 681-696.
Hedayatnia Ganji, F. (2017). Financial Rights of the Wife (Alimony, Gifts, and Dowry Adjustment). Research Institute for Islamic Sciences and Culture.
Javadi Amoli, A. (2016). Philosophy of Human Rights. Isra Publications.
Maqsoudi, M. (2021). Civil Law 5: Family Law. Avaye Hoquq Publications.
Mir Mohammad Rezai, S. Z., Saroukhani, B., & Saraei, H. (2018). Qualitative Study of Globalization and Family Changes in Zanjan City. Cultural and Communication Studies Quarterly, 12(45), 13-44.
Mirkhani, E. (2011). A New Approach to Family Relationships. Safir-e Sobh Publications.
Modiri, F., & Rahimi, A. (2016). Women's Employment, Marital Happiness, and Inclination Toward Divorce (Case Study of Married Individuals in Tehran). Women in Development and Politics, 14(4), 451-475.
Naderi, Z. (2021). Spouses' Rights in the Iranian Legal System Master's Thesis, Islamic Azad University, Shahr-e Kord Branch
Rahmani, A. (2012). Jurisprudential Examination of Management in Husband-Wife Relationships. Research Institute for Islamic Sciences and Culture, affiliated with the Islamic Propagation Office of the Seminary of Qom.
Roshan, M., & Naeimi, M. (2016). Family Law. Jangal Publications.
Safaei, S. H. (2021). Introductory Course in Civil Law. Mizan Publications.
Safaei, S. H., & Emami, A. (2021). Concise Family Law. Mizan Publications.
Shabiri Zanjani, M. (2014). Book of Marriage. Ray Pardaz Research Institute.
Sharaf al-Din, H. (2021). Sociological Explanation of Dowry in the Legal System of Family in Islam. Imam Khomeini Educational and Research Institute.
Sharifi Taraz Kouhi, H. (2002). Introduction to Global Citizenship. Mizan Publications.
Shirali Pour, G. (2024). Criminological Examination of Crimes Against Women in the Workplace Master's Thesis, Islamic Azad University, Central Tehran Branch
Tully, J., Catriona Mc, K., & Iain, H.-M. (2014). The challenge of Reimagining Citizenship and Belonging in Multicultural Societies. Continuum.
Downloads
Published
Submitted
Revised
Accepted
Issue
Section
License
Copyright (c) 2025 Heydar Hassani (Author); Mojtaba Nikdosti (Corresponding author); Maryam Ghorbanifar (Author)
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
