فارسی
Wednesday 19 February 2020

Cardinal Theme

BEHAVIORAL CHARACTERISTICS WITH RECALCITRANT WOMEN IN FAMILY FROM THE LEGAL PERSPECTIVE

For spiritual eminency and sublimation, Islam bounds women to the same obligations that are required for men in order to reach higher spiritual grades. Except for the cases where,based on the human nature, there could be a difference between men and women and by the demand of women’s nature, Islam has exempted the latter from a given canon such as non-necessity of saying prayers and fasting on certain occasions or non-attendance to Jihad, etc. However, when it comes to human rights and values there is no difference between men and women. Of course, by virtue of verse 34, An-Nesa chapter and article 1105 of civil law, in marital relationship the headship belongs to husband so that in reaction to incompatibility and disobedience of wife he could resort to correctional behaviors. One reason for such resort could be the effective role that women have in society and family that the slightest error, indifference and lapse from their side could challenge the family’s foundation and cause it to collapse. Assuming such privilege for men had never implied as the dominance of husband over wife because the Sovereignty belongs to God, the almighty. Non-dominance of a human over the other is a principle. Mal adaptation of the subject on one hand and indifference of the experts on the other has unfortunately resulted in a great misinterpretation and misunderstanding over the issue therefore causing the “Discipline” discussion in the mentioned verse become a very challenging and controversial issue. As a result, we are witnessing a multitude of opinions, point of views and interpretations that are gathered in this article and are explained and defined in various aspects such as the scope of men’s management and headship over women; stating instances of recalcitrance and disobedience of women. With an eye to nowadays’ demands of the Islamic society of Iran and a special attention to opinions of jurists, particularly the contemporary jurists of Iran (the twelve-Imam Shiite {Jafari Jurisprudence}) I have also tried to gain a new approach toward the discipline issue in verse 34, An-Nesa chapter.


Vahideh Hosseini
Javad Hoseinzadeh