Islamic lifestyle with a focus on health

Islamic lifestyle with a focus on health

Interpretation of Legal Barriers to Wife’s Employment in the Health-based Family with Regard to Quranic Concepts

Document Type : Original Article

Author
PhD, Department of Theology, School of Humanities and Sciences, Yasouj University, Yasouj, Iran
Abstract
In some laws related to the rights and duties of spouses, there are cases requiring 
clarification and explication including the provisions related to the wife's right to 
employment and its restrictions in Article 1117 of the Civil Code. According to 
this article, the husband can prevent his wife from the occupation which is 
incompatible with the family interests or with both material and spiritual health of 
family. A citation from verses and narrations is generally referenced in explaining 
the criteria of material and spiritual health of the family to determine the 
boundaries of the couple's authority over the principle of wife employment. The 
type of interpretation provided by them has caused differences within the limits of 
the couple's authority to impose restrictions on the wife's employment. On the 
other hand, it is felt that it is necessary to review the Quranic principles of this 
discussion considering that the law does not provide a clear criterion for 
identifying jobs that are contrary to family health.
In this article, citing Quranic verses while presenting the Qur'anic principles of the 
couple's authority in imposing restrictions, three important limiting factors for 
women are considered: 1- The right to benefit from the marital relationship 2- The 
couple's embarrassment due to the wife's employment and 3- Physical and 
psychological losses. Based on these three factors, an attempt has been made to 
provide an appropriate interpretation and explanation of the cases of Civil Code as 
well as the Constitution.
Keywords