Adaptation and contrast of woman's status in the constitution and Iran's statutory laws

• Author: Nasrin Salehi Shahrabi/Mohammad Mahaie
• Pages: 118-130

Adaptation and contrast of woman's status in the constitution

and Iran's statutory laws

PhD. Student Nasrin Salehi SHAHRABI1

Student Mohammad MAHAIE2

Abstract

The role of women is examined by referring to the executive power of family courts,

in fact their ultimate power, and by the reason why input issues in these courts face legal

weaknesses. This article begins with examining the constitution and posing some questions.

We are in search of an answer to the first question regarding the status of wom en in

constitution, referring to the significance of this place from the perspective of a lawmaker.

We follow the article by examining the twentieth and twenty-first principles and posing some

questions. For example, a question raised is that why equality of rules for men and women,

which is discussed in the constitution, is not observed in statutory laws in practice. By

exploring different theories on the twentieth principle of the constitution of the Islamic

Republic of Iran, we investigated a clause from the twenty first principle. Also, by posing

some questions, we tried to conclude if women in Iran get their material and spiritual rights.

By a quick look at the development statistics, we analyzed the clause of the twenty-first

principle, mentioned rights of this stratum of society during pregnancy and came to a

conclusion by their examination. We pursued by raising and reviewing the questions on

custody along with studying the legal materials around this issue. Finally, we examined

women's inheritance. After selecting and collecting the presented articles, we can created

another definition in the men a nd women's minds about the rights and change their attitude

regarding their lawful and conscience right if law makers pay attention and try to improve

the civil laws on this specific issue. We can also solve family issues through arbitration and

observe the increasing clients' reduction to the family courts.

Keywords: family, women's rights, laws, inheritance.

JEL Classification: K10, K36

1. Introduction

In this article, it was tried to examine women's rights and status in the current

society in order to investigate the drawbacks of the statuary laws and reach a

consensus on this issue. In this regard, we initially examined the crucial issue with

which the family courts encounter, which is the rushing flood to these courts and

responded to the questions that dawned on us. The questions addressed whether the

1 Nasrin Salehi Shahrabi - PhD student in private law, Islamic Azad University of Semnan, Iran,

salehishahrabi@yahoo.com.

2 Mohammad Mahaie - Student of B.A of Law, Islamic Azad University of Damavand, Iran,

mohammad.mahaie@yahoo.com.