چکیده:
The husband's headship over the family, pursuant to Article 5011 of the 'Civil Code', is among the husband's powers, and one of the ways it is exercised is the husband's right to prevent the wife's employment. This power, which is a blend of right and duty, is exercisable only as long as the husband does not exceed the limits of the family's interests. According to the law, although work and activity are considered legal and legitimate rights of both man and woman, a job that is contrary to the family interests or the dignity of the husband and wife limits their right to employment; accordingly, in the event of the man's prior consent to the wife's employment, or if the woman's job is not contrary to the family interests and the status of each of them, the husband cannot object to the wife's employment. If he compels the wife to leave her job through the improper exercise of his right of headship, the woman can, based on the abuse of right and citing the rules of civil liability, compel the husband to compensate for any damages incurred as a result of leaving her job.
خلاصه ماشینی:
Abuse of the Husband's Right of Headship in Preventing the Spouse's Employment Dr. Ahmad Deilami Assistant Professor of the Faculty of Law, University of Qom Munira Khodadapur Lecturer at Payame Noor University, Shahreza Abstract According to Article 501 of the "Civil Code," the husband's headship over the family is among his powers, and one of the ways this power is exercised is the husband's right to prevent the spouse's employment.
Keywords Abuse of right; Husband's right of headship; Women's employment; Scope of the husband's right of headship; Civil liability; Jurists have considered a right to be a human's ability over a thing or over another human (Katouzian 2:0731); in other words, a right is a power that is granted to a person by law (Jafari Langroudi 612:1631), and the holder of a right can enforce it in any manner, unless its enforcement causes harm to another.
The Scope of the Husband's Headship Regarding the Woman's Employment One of the matters in which the husband has the right to intervene, based on his headship and responsibility in preserving the interests and benefits of the family and also guarding its dignity, is the matter of the spouse's work and employment; however, work and professional activity are considered among the legal and legitimate rights of a woman, and a woman can, just like a man, by observing Sharia standards, engage in work and a profession appropriate to her status, and there is no prohibition for her in this regard.
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