خلاصة:
Power structure in the most Iranian families has evolved from authoritarian (patriarchal) to semi-democratic. This transformation has affected all aspects of the family, especially its legal dimension, in terms of the rights of members. One of the most important rights under influence of evolution is husband's rights. Therefore, in this research, we tried to examine the effect of the transformation on husband's rights, and we concluded that since the requirements of time and place necessitate the necessity of adapting laws with developments, therefore the legislator appropriate to the evolution of the power structure in the family has introduced new laws or amended former laws regarding the right of presidency, the right of divorce and the right of polygamy. However, there are still some affairs related to these rights that have changed, but have not attracted the attention by the legislator and, as a result, have created legal gaps; therefore, changes to previous laws or the establishment of new laws are recommended by using the legal capacity of them.
ملخص الجهاز:
Furthermore, in 1974, the legislator, by enacting Article 218 of the Family Protection Law, established similar rights for both the woman and the husband regarding the prevention of occupation by adding the condition "with court approval," which indicates his desire to blur the gender boundaries between men and women in the field of employment, given the gradual transformation that has occurred.
Therefore, since if the word "interest" (maslahat) is interpreted by taking into account the legal and religious responsibilities of the woman in the home, it could with great difficulty lead to a ruling of unemployment for the wife; therefore, it seems better that the legislator, based on the requirements of the time, in order to protect women who are employed in scientific, research, and specialized fields out of necessity and in proportion to the needs of society, addresses the definition of interest in the appendix of this law and prevents expansive interpretations of interest by court judges; because otherwise, given that multiple interpretations of the word interest exist and the judge's discretion plays an important role in its determination, various and contradictory results will arise from the implementation of Article 1117, which would be to the detriment of the wife and would provide the possibility for the husband's abuse.
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