نوع مقاله : علمی و پژوهشی
نویسنده
استادیار گروه حقوق خصوصی دانشگاه قم
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
Regarding the ruling on the obligation of hijab, despite the insinuations and doubts observed today in public discourse and non-specialist statements, there is no doubt among Shia and Sunni jurists, and it is considered one of the established jurisprudential principles. However, from the perspective of issues governing family law, an aspect that has received less scholarly examination and scrutiny is the wife's duty to observe conventional limits of hijab, appropriate to the requisites of spousal and family relations. This article answers the question: As one aspect of the husband's rights over the wife, does this duty exist for the wife to observe conventional limits of hijab and modesty according to the standard of customary reasonableness? Can jurisprudential and legal foundations be found in this regard? If so, to what extent does the husband have legal means to compel the wife?
This research employs a descriptive-analytical method and,relying on jurisprudential foundations and legal documents, seeks to expand this ruling from an individual duty to a family duty. Emphasizing the The Jurisprudential Rule of "Necessity of Behaving Reasonably in Marital Relationship", the duty of spouses to strengthen family foundations, and the duty to observe loyalty and preserve family sanctity, the article concludes that observing modesty and degrees of hijab cannot be considered solely as a wife's personal duty. Rather, observing hijab and modesty in some instances is among the requisites of the husband's rights over the wife, and in other instances, among the requisites of the wife's duty within the family. ...
کلیدواژهها [English]
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