Int. j. econ. manag. soc. sci., Vol(4), No (5), May, 2015. pp.

411-415

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International Journal of Economy, Management and Social Sciences

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Inspection of the Articles 1114 & 1117 of the Civil Code

of Islamic Republic of Iran
Azam Alborz*
M.A., Department of Social Science in Alzahra Tehran, Iran.

Fatemeh Hosseinpour
M.A., Department of Social Science in Alzahra Tehran, Iran.
*Corresponding author: shamym21@gmail.com

Keywords

Abstract

Gender inequality
Act NO. 1114 and 1117
I.R.IRAN civil law

The subject of this article is the review of Act No.1114 (the woman should locate in a house that her
husband determine unless this authority is given to her) and Act NO.1117 (the man can forbid his wife from
the job that is incompatible with family situations and credits) from I.R.IRAN civil law. These two acts have
important effects on women situation in family right in I.R.IRAN. The research method that applied in this
research is qualitative library method with surveying in juridical and legal books. Based on studies and
surveys indicate that Act of 1114 civil law with religious rule prohibiting women from leaving home without
a husband is related And Act of 1117 Civil law is head of the family man in Iran. Both the material and
indicates gender inequality in family law in Iran. To eliminate the gender inequality act NO.1114 it is
advised to modified as follows: "Man and his wife can reside in a house based on mutual agreement" And
act NO.1117 can be revised as follow: "To decide whether the job of parties is disagreeing with family rights
or credits is given to a court (an independent judger should decide).

Introduction
One of the major topics in the scientific and cultural societies which thinkers and sages noticed about is the women rights and characteristics.
Women always and all the time in all societies have been desolated from their rights and dignity and even they had been facing disrespect.
Women position and character in every societys culture reflects their importance and esteem. Political and religious schools stated different
ideas about women rights.
Irans existing laws derived from Islam but the Articles 1114 and 1117 from among family law in Iran seems to show the gender inequality
between men and women. This important issue has not been noticed by the lawmakers as it is worthy and on the other hand fusing it to the
overindulgent frills and misinterpretations became an instrument for mens menace and tyranny.
This paper tries to assume the articles 1114 and 1117 of civil code of Iran as a basis and search for the jurisprudence and legal analysis and to
find a solution for elimination of gender inequality against women in the above said articles; therefore seeks to answer the following questions:
12-

If the articles 1114 and 1117 of Iran civil code originates from men presidency in the family in Islamic jurisprudence?
If the articles 1114 and 1117 of Irans civil code are the instances of gender inequality in Iran?

Research Method
The method used in this study is documenting by looking into the jurisprudence and legal books for the explanation analysis of the issue and to
find the reasons.

Article 1114 of Irans civil code, the wifes habitation in husbands house
To analyze the article 1114 of Iran civil code: The wife has to reside in a house assigned by her husband, unless the option of appointing the
house given to the wife. First, we discuss the deference and women prohibition from leaving the house without her husbands permission
briefly and then we expand it. The definition of deference and its range is not provided in Irans civil code.
Meqdadi believes: The wife habitation in her husbands house which is obligatory according to the articles 1114 of Irans civil code, is not in the
scope of the husbands presidency; but this obligation which in fact reflects her deference could be considered as the right of man to seek
gratification and the hearing right and is mentioned among the couples obligations and rights. That is why the wife has the right to choose her
place of residing by the conditions stipulated through her marriage contract or by an independent contract, (Appendix the article 1114 of civil
code). While if this law considered as the compulsory of the husbands presidency in the family, it could not be changed or revoked, even by the
mutual agreement of marriage contract.

Deference
Definition: Deference literally means: To accept and admit somebodys command and to made the other party powerful. It also could mean to
accede and moreover in law is of two kinds or in other words used in the both general and specific terms:
1- General Deference: This is the very acceptance of husbands responsibility in the administration of the family and the wife adherence
towards her husband in all of the issues relating to marriage and its scope, according to Gods commandments it also means the wifes
good intercourse with her husband.

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Specific deference: It means that the wife let the husband to have legal and common sexual affairs with her and the husband is obliged
to have ordinary sexual relation with her (Asadi, 1385, No. 43, P.45). This type of deference monitors the wifes sexual relations with
her husband and whether the husbands legitimate desires come true or not.
It should be noted that there is no verse or narrative verdicts about the deference, but this term is the abstract meaning that jurisprudents obtained
from evidence. Therefore, sometimes they use the terms surrender or possibility interchangeably. Most of the Muslim jurists with an impression
of religious texts think there is a great relationship between deference and social norms and customs.
Katoozyian believes: The notion of deference is dependent on social traditions and public morality such as the husbands presidency. Deference
in our legal norms has both general and specific meaning herein: General deference means accepting the presidency of husband in the family and
his will in moral education of the children and managing the familys finances. The specific deference on the other hand controls the wifes
sexual relationship with her husband and her respond to his legitimate demands. In general deference the criteria for distinguishing the affairs
expecting by husband is the norms.
The judgment should be generic and the strict and subtle husband has no right to expect more than what is common in the norms but from this
point of view, the couples degree of civilization, education, age and other characteristics should be considered. In other words, the deference
criteria is the human common behavior in which conditions they live and in any respects has both generic and individual aspects.
In the case of specific deference, the moralities and norms do not mean that the wifes feelings are not important. Judgment about the
sentimental and human relationship is more accurate than fitting into the rules and principles. The wife in marital relationship is not the
exploitation machinery, she is a human and she must be treated according to human characteristics. So, in this judgment the criteria for
distinguishing the deference, is responsible for both generic and individual aspects in the notion provided by ethics and law. And the court of law
should notify all of the humanitarian and traditional factors.
As a result, deference means accepting the husbands rights and has no specific domain. As mentioned by the judges, its criteria and gauge is
social customs and habits and the customary lawmakers could change and reform the legislation at any periods by preserving the generalities.

The wifes prohibition from leaving the house without her husbands permission
What is the domain of the husbands presidency in the family and among his powers as the director and head of the household is to monitor his
wifes relations and social intercourse, which would not be changed due to the communications with public order and lack of complementary
aspects even with the partys compromise and agreement. Based on the presumption of innocence and goodness of activities and according to
womens freedom and dignity and also the human being equality, it must be valid for the wife to leave the house for socializing without any
mischievous wrong doings; but with regard to the rights of husband and wifes mutual obligations, particularly deference to the husbands
desires and also by taking the interests of the family into account and the husbands responsibility to protect and preserve the livelihood this right
for women have been faced with some difficulties and ambiguities.
There are three points of view about the leaving the house by wife without the husbands permission:
The first view: Those who consider the husbands permission for the wife to leave the house obligatory.
Shiite (Emamieh) jurisprudence popular theory is that the wife needs to obtain her husbands consent to leave his house and in return the
husband can prohibit his wife from leaving the house, though this is in accordance with the husbands rights.
Also some of the lawyers impressed by such domain opinion expressed: Principally from the jurisprudence view, leaving the house by wife with
any reason should be done with her husbands consent.
Apparently, the basis of this belief could be derived from the necessity of the wifes obedience towards her husband, as the author of Javaher
said in general: It is the right of the husband that his wife obeys him and does not disobey.
On the other hand, the above mentioned theory could be stated on the basis to which fulfill the husbands desires as an obligation and vows and
conditions could limit it, therefore the wife should obtain her husband permission to leave the house for annihilating her husbands exploitation
of her.
The second view: Those who think there is a relationship between husbands right to prohibit his wife from leaving the house and his right for
gratification which is his main and certain right in marriage life. So Khoyee has a moderator opinion and established: The wife cannot leave the
house without her husbands permission, if the leaving is not incompatible harkening and hearing right and doing other things for the wife is not
illegitimate without her husbands permission, unless it is incompatible with the hearing right.
Believers to this view say that the first view is incompatible with some proved religious issues and they believe that the unfairness of leaving the
house by wife and the absolute existence of the prohibition right for the husband is incompatible with the commands withholding rules (see
divorce chapter, verse 2) and good relations with wife (see Nesa chapter, verse 19); and on the other hand it makes no doubt to reject for such
believers by denying the blames from human being in Islam, because with recognizing such rights for men, even they will be permitted to
imprison their wives in the house forever.
The third view: Some people think that obtaining permission from husband to leave the house by his wife is not considered only the husbands
gratification but also is important for husbands presidency and directing the family. (Shams Al Din, 1996: 95) and on the basis of the husbands
presidency and his supervision position in the family and supervisory on family members has the responsibility to protect and council interests
for them and safeguarding the dignity and sanctity, so this is of his authorities to protect the family and watch the reputation and honor of his
wife and monitor the wifes relations and communications and keep it in his control and even limits her in some aspects.
Therefore Motahari stated understandingly: The family policies necessitate that the wife obtains her husbands consent to leave the house, and
of course the husband should also decides in the scope of family advancing, not more. Definitely there are some cases which leaving the house
by the wife has no illegitimate prohibition and mischief but because of certain reasons, some interests considered proved and certain for it.
Absolutely for such cases the husband cannot limit his wife and prohibit her from leaving the house.
Some of the law authors understood this point very well and noted: The husband can monitor his wifes social relations and intercourse to
protect the family and stop her from a threatening behavior. But he cannot limit his wife from relations with her family and close relatives or he
cannot stop her from performing religious traditions or social obligations on his demand and without a good reason.
According to the above mentioned (deference discussion and the prohibition for the wife to leave the house without her husbands permission)
and article 1114 of the civil code, it is the husbands right to assign the place of residing, unless it is mentioned as a right for the wife in the
separate binding marriage contract.
According to many of Jurisprudents the wife deserves to have a separate and independence house, moreover the husband has no right to force
her to live with his own family or his other wives in a same house and totally he is obliged to reside his wife in an appropriate home. Verses:
Behave women kindly (Nesa 19) and Do not hurt women so that the life becomes hard for them (Divorce 6) so it is the judges evidence in
above mentioned orders.
Katoozyian believes that the husband needs to assign the joint house and principally the wife is obedient to his will. But the husbands powers
are not related to the public order because both parties could let the right to appoint the residing place to the wife before or after making the

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International Journal of Economy, Management and Social Sciences Vol(4), No (5), May, 2015.

marriage contract. This right also should not be misused and the one, who is granted by this right, has to choose a place in accordance with the
social status and family demands and should not use this right as an instrument to hurt the other one. As it is the familys head responsibility to
choose the living place, the civil code presumed misusing this right by the husband and lets the wife to choose another residing place for herself
separately, but the articles are enforceable for husband as well.

Article 1117 of the civil code, preventing of some careers and employment for the wife
Women can work in different careers same as men and there is no legal ban on it. Article 28 of constitution generally expresses: Everybody has
the right to choose an employment on his/her demand and it should not be in the contrary to Islam and public benefit and rights. The government
is obliged to create and prepare employment in equal opportunities for every adult comply with requirements of the society.
About the employment opportunities it is stated specially in the paragraph 2 of article 43 of the constitution, including the rules of the economic
system of Islamic Republic of Iran: It is necessary to provide the opportunities and chances for everyone to achieve full employment and
equipment available in the form of cooperation to all of those who are able to work but have no access or means of it.
In the Labor law, there is no limitation for women to make employing contracts and no discrimination to choose the career between the two
sexes. The only limitation that has been established to benefit women in labor law is the prohibition of hard, harmful and dangerous works for
them. According to article 75: Dangerous, difficult and hazardous works are banned for women and also carrying and shipping exceeded stuffs
are prohibited for women by hands and without the use of mechanical devices.
There are two types of employment restrictions for women in accordance with the Irans law:
1- The prohibition of some jobs because of the legitimate ban or the prohibition because of national and security issues and to observe
women special situations; which it differs in two types:
a) The prohibition of being a judge.
b) The prohibition to work in armed forces.
2- The limitation of the jobs for married females
According to the article 1117 of the civil code: The husband can prohibit his wife from a career or industry which is in conflict with the
familys interests or her own prestige.
Therefore, one of the instances to which the husband can involve as the head of the family and the person in charge to protect and safeguard the
family and their prestige, is his wifes career. Of course it is of the wifes legitimate and lawful activities to work and she can choose a career
comply with her culture legally and legitimately and there is no ban for it. The article twenty of the constitution validates it too. Thereunder this
article: Everybody of the nations including male or female is provided equally in law and they can enjoy all of the human, political, economic,
social and cultural rights by observing Islamic rules.
Mohaqeq Damadi believes: In jurisprudence view it is obligatory for the wife to ask her husbands permission to leave the house for any reason.
So if the wife was not employed at the time of the marriage and it is not mentioned in the marriage contract that she can be employed, the
husband can prohibit his wife from any kinds of careers out of the house.
While the prohibition of leaving the house by the wife had been discussed previously, it is not absolutely in the husbands authorities to ban his
wife from leaving the house, unless her leaving in incompatible with her husbands hearing right or when the husband as the head of family and
the protection to familys dignity and prestige is banning her from leaving. Therefore the wifes employment could be analyzed in a way that the
husband can prohibit his wife from an employment even if the career for his wife is not incompatible with the husbands gratification right or
even if he agreed to the employment for his wife, just because he is the head of family and he monitors the interests and can stop his wife from
an employment that he considers incompatible with the familys benefits and their virtue. So the article 1117 of the civil code stipulates this fact.
This article limits the wifes employment but does not guarantee the desolation of a married female or the absolute power for the husband and
the employment prohibition, but because of the importance and the value for the family to maintain their interests, the wifes limitation is
allowed by her husband about some careers.
According what was mentioned in article 1117 of the civil code, the husband only can disagrees with his wifes career in two conditions;
Careers incompatibility with the familys interests and Careers incompatibility with the couples prestige.
But what us meant by familys interests and the couples prestige? There is no standard or criteria for the career to be incompatible with the
familys interests or the couples prestige or not. This could be different according to time, place and familys situation and only the norms
distinguish it.
It has also been stated: The matters considered incompatible with family interests which cause the familys basis feebleness and disorder in the
education and civility of the children or a trauma in the couples social prestige or disturbs the familys economical order.
Briefly and generally the standards for incompatibility of wifes career with the familys interests could be expressed as:
1- Familys basis feebleness: According to article 1104 of the civil code: The couple should help each other in securing the familys
basis and educating the children. Therefore, it is the couples obligation to secure the familys basis and make it firm; so if the wife
chooses a career that feeblest the familys basis, her husband can disagree with it.
2- Disorder in educating the children: According to the article1168 of the civil code: It is both the parents right and obligation to nurse
their children. Then if the wifes career is in contrast with the duties entrusted by rules to her about the children, the husband can
prohibit her career.
It should be noted about the contradiction of wifes career with the couples prestige that it is plausible that one chooses a career just for the
financial issues and without any consideration to herself or her husbands social status; in those cases the husband has the right to disagree.
There might not be differences between the wifes and husbands prestige because after marriage there is a tight relation between the couples
interests and their prestige. Thus, the wife cannot choose a career which is in contrary with her prestige and denies her husbands oppositions.
All of the jobs outdoors, more or less, stop the wife from some parts of motherhood and marriage obligations. The aim of enactment of article
(1117) had also been that the wifes careers worries, does not stop her from arranging the household and the childrens education and the
husband as the head of the family and the person in charge to protect this center could ban his wife from things that he deems inappropriate.
It is mentioned in the definition of "interest" the burden of wifes responsibility is much more that what is mentioned in the law and legitimately.
According to the article (1168) of the civil code the childs caring is the parents responsibility. Thus the parents have the same obligation in
caring the child, including education and it is not just the mothers responsibility to educate the child. Besides, the wife legally has no obligations
to do household, though the wives mostly do it completely. Therefore to mention the household arranging in this definition is an extra burden
to the wifes obligations more than what is stated in the law.
It is up to the judge to recognize whether the wifes or the husbands career is incompatible with the familys interests or the couples prestige by
referring to the norms. Article 1117 of the civil code is harmonious with the article 1105 of the civil code and caused the law authors note that
the wifes career is in the authorities of the husbands presidency and decision making about her career.

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International Journal of Economy, Management and Social Sciences Vol(4), No (5), May, 2015.

By the way the husband has not only the authority to monitors his wifes career after marriage, but this rule is also expanded to the wifes careers
begun before marriage as well.
They even believe: The husbands primary consent about the wifes career does not lower his legal authorities, since the prohibition of wife is
not the only right for the husband which could be abolished after his consent. The duration of this power is one of the issues about the public
order and its fulfillment is one of the obligations of the husband to manage the family. (Ibid)
Katoozyian accepts that the providing financial needs by the head of the family gives the husband as the head more power to choose his career
freely and declares: So that is why the husbands authority to ban his wife from her career is a clue of his presidency towards the family.

Conclusions
The article 1114 of the civil code states: The wife has to inhabit in the house assigned by her husband, unless the option of appointing the house
is given to her. All of the experts notify this legal article as a sign of the husbands presidency.
But it seems there is a conflict between this article and the article 1107. Because according the last one the husband is obliged to provide his wife
with the finances appropriate for her including the housing; and it means the husband is obliged to provide his wife a suitable house. So that is
taken into consideration in article 1107 is the suitability of the house for the wife, while just in the next articles and paragraphs such as the article
1114 of the civil code it is cited that the wife has to reside in a house appointed by her husband; which means the husbands right to choose the
house. Thus this article is in contrast with article 1107 of the civil code and the lawmakers had not noticed this disharmony.
Another point about the article 1114 of the civil code which should be cited is that this article is relevance with the jurisprudence rule of the
wifes prohibition from leaving the house without the husbands permission. However, the law did not explicitly discussed this issue; but as our
civil code had been prepared and compiled on the basis of Islamic jurisprudence, the rule of leaving prohibition had an effect on article 1114 of
the civil code.
It should be admitted that the unconditional prohibition of leaving from the husbands house for the wife and the social communication in way
that she even needs to permit for visiting her own parents and relatives and also the satisfaction of her other legal rights, is a belief that should be
questioned with careful consideration of the principles and noting the exact norms of Islamic Sharia.
According to the article 1117 of the civil code: The husband has the right to prevent his wife from a career or industry which is incompatible
with the familys interests or the womans own prestige.
Two points noted in the above said articles that in the case of realization of each of them, the husband can prohibit his wife from her career:
A- The Careers incompatibility with the familys interests.
B- The careers incompatibility with the couples prestige.
The norms are so effective in determining the mentioned features, but it seems that the existing formal careers in our society are free from
incompatibility. Moreover if a female had a career before marriage and continues it after that, it means her husband accepted that career and has
no problem with it. But what should be noted here is that the husbands right of prohibition for his wifes career has derived from his presidency
and responsibility. Thus he can prevent his wife from any careers he deems inappropriate for the familys interests by the confirmation of the
court of law. However, the wife is permitted to refer to the court of law and remove her husbands ban for her career because of the goodwill of
sociability and assisting to firm the familys bases, and in fact the husbands prohibition for his wifes career would be succeeded when it does
not cause any disorders in their livelihood which is a difficult subject to be discussed. Thus, the husband has more authorities both in prohibition
of his wifes career which is incompatible with the familys interests and prestige, and choosing his own careers, so that he has the responsibility
to manage and protect his family.
The courts general conclusion of this issue is much more extensive and beyond the couples dignitys contradiction and familys interests
and by taking deference issue into account and by the virtue of this article, the prohibition for the wifes employment is issued.
Solutions and Suggestions
Making Harmony between the Articles 1107 and 1114 of the civil code
Better if it was to remove the conflict and disharmony between the articles 1107 and 1114 of the civil code and make it clear to whom is the right
of assigning the house for living, and what are the criteria in appointing the house. And also the couples status should be taken into
consideration.
Better it was if the lawmakers of article 1114 stated that: The wife settles in a house chosen by her husband in accordance with her status. Or
The couple reside in a house with bilateral agreement between both parties.
Supplementation and Amendments of the article 1117 of the civil code
Since under articles 1117 of the civil code, the husband can prohibit his wife from the employment and the wife has no authority about this issue,
the courts of law act far beyond the rules and this is a kind of oppression for the wife. If a man wants his wifes prohibition of employment, he
needs to prove it by reasonable arguments in the court of law that his wifes continual of her career will cause problems and feeble the basis of
the family, so the courts should not issue a verdict to prohibit the wife from the employment without investigation. There also must be a kind of
prohibition for the men by their wives, so that if the husband chooses a career incompatible with his wifes prestige, dignity and family, the wife
can ban him legally. Therefore, first, the limitation on career choice includes both sex; and second, will stop the limitation about the employment
for the couple without referring to the courts order.

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