Comparative Study of Non-Financial Rights of Spouses in Iran and France

Abstract

The present study examined the comparative study of non-financial rights of spouses in Iranian and French law. The Iranian legal system, following the common view of Islamic jurisprudence scholars, has given special authority to the husband over the wife. This attitude has led the Iranian legislator to accept the effects of patriarchal thinking in the family and has caused it to be reflected in the categories of wife's employment, determining housing and joint residence, woman's departure from the country and recognition of her nationality, and in a way reveals the superiority of the husband over the wife. This research attempts to examine the legal models of family management in France, taking into account the current needs and requirements of Iranian society, and considering the historical course and stages of development of French law in the field of family management and its results, the possibility of choosing some of the existing solutions of the above legal system is examined. Although it seems impossible to apply all the solutions of the French legal system regarding how to manage the family without considering the conditions of Iranian society and taking into account all the customs and traditions as well as the beliefs of our people, adopting the management model foreseen in Iranian law that includes accepting the absolute headship of the husband over the family is also a matter of discussion and reflection. The aim of this paper is to examine the attitudes of the two legal systems of Iran and France regarding the non-financial rights of the couple, especially the study of the evolution of the legal reforms in France regarding the change in the family management model from the direction of "husband's authority" to joint cooperation with a comparative approach and descriptive-analytical method.