A Criticism of Economy-Centered Approach of Family Laws; explaining the Legal Gaps of Women's Human and Emotional Rights

This study was conducted with the purpose of explaining the legal gaps of women's human and emotional rights and providing solutions for filling them and with the help of a documentary-comparative method. Legal thoughts of women's rights related to their role as wives and adapting them to jurisprudential teachings show that lawmakers pay special attention to women's economic rights. According to the goals of Shariah and objective experiences of family-related injuries, although women's human and emotional rights are prior to their economic rights, they have not found an acceptable position in the social and judicial institutions yet due to not predicting them in the Constitution; thus in this study, first, the capacities of two legislative and judicial institutions were examined and then, based on the family-related legal limitations, the solutions of registering supplementary rules, the revival of arbitration institution, and deployment of restorative performance guarantee were presented as legal ways to revive women's human and emotional rights.