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

Nasrin Salehi Shahrabi () and Mohammad Mahaie ()
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Nasrin Salehi Shahrabi: PhD student in private law, Islamic Azad University of Semnan, Iran
Mohammad Mahaie: Student of B.A of Law, Islamic Azad University of Damavand, Iran

Juridical Tribune (Tribuna Juridica), 2017, vol. 7, issue 1, 118-130

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 women 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 and 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. (search for similar items in EconPapers)
JEL-codes: K10 K36 (search for similar items in EconPapers)
Date: 2017
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Handle: RePEc:asr:journl:v:7:y:2017:i:1:p:118-130