Muslims Womens Studies(MWS)

Muslims Womens Studies(MWS)

Alzāmāt-e Hoqūqī-ye Ta'min-e «Amniyat-e Ravānī-ye Zan dar Khānevāde»: Vākāvi-ye Tatbīqī-ye Feqh-e Moqāran va Qavānīn-e Irān va Mesr

Document Type : Original Article

Author
غدیر دو طبقه فوقانی نمایشگاه ماشین سجاد
10.22034/mws.2026.735818
Abstract
The necessity and importance of a woman's psychological security within the family environment, although facing differences in definitions, constituent elements, and ethical and jurisprudential principles in legal texts, is accepted and emphasized by [religious authorities]. This research, employing a descriptive-analytical method with a comparative approach, analyzes this fundamental question through the collection and analysis of data from primary legal texts and laws of Iran, using a library-based approach. Adopting a comparative approach in examining the five schools of jurisprudence, the argument is made that ensuring this security is not merely an ethical recommendation, but a religious obligation and a legal right rooted in the philosophy of family formation in Islam. The findings reveal that while different schools of thought utilize various arguments such as (the obligation of good companionship and prohibition of harm, the expansion of the concept of alimony, and adherence to commendable behavior), they all agree on the necessity of creating a peaceful and harassment-free environment for women. On the other hand, the Iranian legal system has taken initial steps by enacting general principles such as "good companionship." This research demonstrates that existing laws face numerous challenges in practical implementation due to the lack of objective definitions of psychological violence, weaknesses in evidentiary mechanisms, and insufficient enforcement guarantees. The novelty of this article lies in the logical analysis of comparative jurisprudence statements with reflection on the enacted laws of Iran and Egypt, with the aim of addressing legislative needs and bridging regulatory gaps
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