The legal status of wife under the law of the Russian Federation and the Islamic Republic of Iran

I.I. Salikhov^*, E.N. Malmir^**

Kazan Federal University, Kazan, 420008 Russia

E-mail: ^*isalikhov@gmail.com, ^**mrs.malmir@gmail.com

Received February 9, 2017

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Abstract

This paper considers the legal status of wife in family according to the law of the Russian Federation and the Islamic Republic of Iran. It presents a detailed review of the legal regulation of personal non-property and property relations of spouses in the above two countries. The research has been performed with the aim of comparative analysis of the marriage institution, as well as in order to specify the legal status of women in Islamic countries (such as the Islamic Republic of Iran).

The results of the comparative analyze of the marriage institution have been discussed in detail. The legal status of women in the two countries has been identified. The rich culture of Iran and its positive experience in development of the legal regulation based on the ethical and religious rules demonstrate the advantages of such complex view of family as a carrier and guardian of values and bases for growing up the future generation.

The paper provides a number of examples proving that the family law in Iran, if compared with that in Russia, more thoroughly regulates the property relations with participation of women, ensures the legal guarantees for wife, establishing “mahr” during the premarital period, “nafaqa” during the marriage, and protection of the property and legal interests of women in case of divorce.

The obtained results are very important for possible use of the Iranian family law specifics in the Russian family law, learning from the positive experience of the friendly state, as well as for practical purposes, i.e., to clarify the specifics of applying the Iranian family law to international marriages when the spouses are the citizens of Russia and Iran.

Keywords: status of women in family, ethical conditions, informal marriage, personal non-property and property rights, legal family obligations, hastagari, mahr, marriage contract, nikah

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For citation: Salikhov I.I., Malmir E.N. The legal status of wife under the law of the Russian Federation and the Islamic Republic of Iran. Uchenye Zapiski Kazanskogo Universiteta. Seriya Gumanitarnye Nauki, 2017, vol. 159, no. 2, pp. 426–438. (In Russian)

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