نوع مقاله : علمی-پژوهشی
عنوان مقاله English
نویسندگان English
This study aimed to elucidate the challenges faced by Iranian women in realizing their rights arising from the marriage contract (aqd al-nikah), while analyzing the impact of socio-cultural developments over the past decade. Employing an interpretivist, qualitative methodology, data were gathered through purposive sampling from legal texts, civil codes, jurisprudential rulings, academic articles, books, and authoritative documents, and analyzed using thematic analysis until theoretical saturation. Validity was established through data source triangulation, and reliability via inter-coder agreement (Cohen's kappa 0.70). Findings indicate that despite formal recognition of women's financial rights in the Civil Code and Imami jurisprudence, two primary barriers impede practical realization: socio-cultural barriers (patriarchal norms, instrumentalization of dowry/mehriyeh, familial pressures) and legal-juridical barriers (procedural hurdles in collecting mehriyeh, the condition of submission/tamkin for spousal support/nafaqah, and gender disparities in inheritance). While recent developments have fostered heightened legal consciousness, cyberspace proliferation, and shifts away from patriarchal headship—escalating women's rights advocacy—persistent structural barriers have hindered tangible improvement. Reforming the status quo necessitates multifaceted strategies, including media engagement, awareness-raising, formal-legal lobbying, institutionalized support, and internal jurisprudential (ijtihadi) reappraisal.
کلیدواژهها English