نوع مقاله : مفاهیم نقد و تحلیل آرای قضایی
عنوان مقاله English
نویسنده English
Article 1117 of the Iranian Civil Code, which authorizes a husband to prohibit his wife from working if her job conflicts with family interests or the dignity of the spouses, is one of the most disputed provisions in family law. The conceptual ambiguity of the terms "family interest" (maṣlaḥat) and "dignity" (ḥaythiyat) has led to inconsistent and unpredictable judicial interpretation and enforcement. Adopting an analytical‑descriptive approach and focusing on ten court decisions rendered within a similar jurisdiction and time period, this study shows that courts have provided neither uniform nor clear criteria for identifying instances of these concepts. Moreover, a deep interpretive gap exists between trial courts and appellate courts. This situation seriously undermines the wife's legal security when she decides about employment.
Furthermore, the examination of the decisions reveals that even where the husband had previously consented to the wife's employment, or the right to work had been stipulated as an express condition in the marriage contract, some courts have still not ruled out prohibiting such employment. This creates an evident tension between party autonomy and judicial interpretation of "interest," thereby eroding individuals' trust in the stability of the legal effects of a marriage contract. Such unpredictability not only affects the spouses' immediate rights but also has a chilling effect on women's decisions regarding marriage and career planning.
The findings indicate that the lack of clear criteria in interpreting Article 1117 leads to divergent judicial practices, increased litigation, and weakened legal security. In particular, the high rate of reversal of trial court decisions by appellate courts (over 80% in the sample) demonstrates a systemic failure in achieving judicial coherence. Finally, the study recommends legislative revision, the formulation of objective criteria for determining "family interest" and "dignity," and greater attention to contractual stipulations within the marriage contract, in order to prevent the expansion of judicial uncertainty in this area.
کلیدواژهها English
