A Comparative Study of Husband's Non-Financial Rights in Iranian and French Law

The Iranian legal system has paid special attention to the authority of the husband towards the wife by following the scholars’ viewpoints in Islamic jurisprudence. This approach has led the Iranian legislature to accept the effects of patriarchal thought in the family, which are more evident in some areas such as the wife’s employment, choice of common residence, freedom of movement and recognition of their nationality. Thus, these issues represent widely the preference of husband in some aspects. Even though the position of French law has been very similar to Iranian law through the past, some recent reforms in France have decreased the authority of the husband in the family by reducing his preference regarding the wife’s employment, freedom of movement and citizenship and largely the use of a common family name. To this end, The present study compares the approach of the two legal systems on the non-financial rights of couples, especially the evolution of reforms in France relating to the change of family management pattern from "Marital Authority" to "Common Collaboration" by using a comparative approach and a descriptive-analytical method.