The Quranic Principle of Women’s Financial Independence with a Focus on Marriage as Its Developing and Restrictive Position in Islamic Sharia and the Positive Law of Iran
1
Associated professor of faculty law of Qom university
2
Assistant Professor of the Department of Private Law, Faculty of Law, University of Qom
Abstract
Ownership in Islam is entirely non-gendered and is not divided on the basis of human origin. Moreover, the view of women as one of the pillars of society reflects the orientation of every legal and intellectual system. The Holy Qur’an, adopting a thoroughly supra-gendered perspective on women, has established particular causes for the right to ownership. By realizing the instances of these causes, human beings enjoy benefits that the Lawgiver has recognized. Consequently, at a time when women’s fundamental rights were being denied, the Qur’an explicitly and originally affirmed the principle of women’s financial independence. Nevertheless, this financial independence is subject to expansion or restriction due to secondary circumstances, the most significant of which is marriage. The primary expanding circumstances include dower (mahr), maintenance (nafaqa), compensation for household labor (ujrat al-mithl), and inheritance upon the husband’s death. Conversely, the principal restricting circumstance is employment. However, with recognition of the temporal precedence of binding lease contracts over marriage, as well as the mechanism of stipulations within marriage contracts, such restrictions can be overcome.
Dadmarzi,M. and محجوب,س. (2024). The Quranic Principle of Women’s Financial Independence with a Focus on Marriage as Its Developing and Restrictive Position in Islamic Sharia and the Positive Law of Iran. Quran, Islamic Jurisprudence and Law, 20(20), 79-104.
MLA
Dadmarzi,M. , and محجوب,س. . "The Quranic Principle of Women’s Financial Independence with a Focus on Marriage as Its Developing and Restrictive Position in Islamic Sharia and the Positive Law of Iran", Quran, Islamic Jurisprudence and Law, 20, 20, 2024, 79-104.
HARVARD
Dadmarzi M., محجوب س. (2024). 'The Quranic Principle of Women’s Financial Independence with a Focus on Marriage as Its Developing and Restrictive Position in Islamic Sharia and the Positive Law of Iran', Quran, Islamic Jurisprudence and Law, 20(20), pp. 79-104.
CHICAGO
M. Dadmarzi and س. محجوب, "The Quranic Principle of Women’s Financial Independence with a Focus on Marriage as Its Developing and Restrictive Position in Islamic Sharia and the Positive Law of Iran," Quran, Islamic Jurisprudence and Law, 20 20 (2024): 79-104,
VANCOUVER
Dadmarzi M., محجوب س. The Quranic Principle of Women’s Financial Independence with a Focus on Marriage as Its Developing and Restrictive Position in Islamic Sharia and the Positive Law of Iran. Quran, Islamic Jurisprudence and Law, 2024; 20(20): 79-104.
