عنوان مقاله [English]
Women’s rights are among issues of concern to Islamic Shari‘ah. From among these rights is “the right of the wife to refrain from submission and obedience, before receiving the Mahrieh (marriage portion)” which, despite its importance, has merely been mentioned generally in the Law of Iran. The Civil Code of the Islamic Republic of Iran, by merely assigning two articles, i. e. articles 1085 and 1086 to the right of women to refrain from submission, created ambiguities in this regard and it became a reason for the scope of the duties of women and specifically revocation or remaining of their right to refrain from submission in the situation of the husband’s insolvency. The other important point is that from the perspective of Shafi‘i, Maliki and Hanbali jurisprudents, in the situation of the husband’s insolvency on the payment of the marriage portion, the wife has the right to annul the marriage, however, the majority of Hanafi and Imami jurisprudents believe that in this situation, the wife only has the right to refrain from submission not to annul the marriage. It is possible to say that when, according to the perspective of Shafi‘i, Maliki and Hanbali jurisprudents, in the situation of the husband’s insolvency, the wife has the right to annul the marriage, she also has the right to refrain from submission. In the present article, we discuss the conditions for the right of wife to refrain from submission and obedience, the limits of this right, the effect of the husband’s insolvency on the abovementioned right, the possibility of splitting the marriage portion to several installments and its effect on remaining or revocation of the right to refrain from submission from the perspective of Jurisprudence of the five Islamic denominations and the Law of Iran and Afghanistan.