1. Introduction
In this regard, the current research tries to investigate the position of women in the family in two Islamic and Western legal discourses, and especially the two legal systems of the Islamic Republic of Iran and the country of Canada, tries to investigate the issue of women's rights in the family institution. The main question of this article is as follows: In the two legal discourses of Iran and Canada, what position and rights does a woman have in the family? In response to this question, the main hypothesis of the article stipulates: Western legal discourse, especially in countries like Canada, with a materialistic and reductionist view, considers the position and rights of women in the family in her individuality and freedom, and it is based on the dimensions He compiles his sexuality and material; This has been formulated in the Islamic discourse based on the rights and duties of women in the sacred sphere of the family and its constructive role in human education and excellence.
2. Research background:
A review of the literature and research conducted in the field of comparative analysis of legal systems and discourses clearly shows that less research in this field has investigated women's rights in the two legal systems of Iran and Canada. Meanwhile, only one article has been compiled in this field, and most of the works are about women's rights in the family in Islam, Iran, or other countries such as France, England, and America. From this point of view, this article has innovation and tries to provide the ground for further research in this field. In the following, we try to examine the most important and closest articles in terms of content and topic.
Maruti et al. (2019) in the article "Comparative study of women's legal system discourses in Iran and Sweden" discussed the issue of abortion and women's rights in this matter; The author has concluded that the prevalence and prosperity of women's absolute freedom in countries like Sweden is due to the prevalence of "freedom of choice" theories, which emphasize the absolute freedom of the "body" with a philosophical view of the world, and against the discourse Divine laws in the legal system of a country like Iran arise from the duality of right/duty, which is the continuation of the divine view of human existence, therefore, absolute and unbridled freedom cannot be believed.
Zainaldini and Razavi (2019) in the article "Investigating the requirements for the entry of the property sharing system into the structure of the family financial system in the laws of Iran with a view to the laws of the province of Quebec/Canada" talked about two models of financial order in the two legal discourses of Iran and Canada and has concluded that the legal system of the Quebec state of Canada, believing in the equality of rights and responsibilities of couples in the family; The financial system presents the property sharing of spouses as a legal financial regime for the family, in which men and women share each other's income in the family; But in Iran's legal system, following the model provided by Imami jurisprudence, couples have chosen "financial independence".
In the article "Comparative study of female alimony in the laws of Iran, England and America" ​​(2013) Tashet and Hejbari discussed the issue of the right to alimony from the economic rights of women in the family. In this article, the authors have concluded that "in the legal laws of the Islamic Republic of Iran, alimony is the responsibility of the man, and in the common legal system, it is the responsibility of the husband and wife, and in the comparison between these two models of Iranian law, with regard to the duties that are customary for couples It is defined in the family as being closer to justice. Also, the receipt of alimony by a woman depends on fulfilling her duty towards her husband (obedience), while in common law, the financial need of the spouses is a condition for the obligation of alimony, and apparently as soon as the marriage contract is concluded or without the marriage contract and cohabitation for a period of time. Special payment becomes obligatory.
Abbasi and Ramezani (1400) in the article "Women's non-financial rights in Iran's legal system and its compatibility with international documents" have made women's non-financial rights the principle and concluded: Women's non-financial rights in international documents and in the legal system Iran has been formulated under the shadow of cultural and ideological considerations and political-social developments, and these rights have always been formulated under the dominance and structure of the male approach, and it has not been able to realize women's rights in the non-financial dimension.
Johnson (2017) in the article "Family Matters: Gender Justice and Success of Litigation in Canada's Supreme Courts" tries to examine the issue of gender justice in the family and family litigation in Canada and has concluded that in the courts Supreme Court of Canada, female judges pay more attention to women's rights than male judges and have caused many successes in family disputes for women and have been able to establish more gender justice in the realization of women's rights.
3. Research methodology:
This article has been compiled using the descriptive-analytical method and has collected its data and information through documentary and library methods.
4. Conclusion
In this article, an attempt was made to examine the status and rights of women in the two legal systems of the Islamic Republic of Iran and Canada with a comparative perspective. In this regard, the main question of the article was as follows: In the two legal discourses of Iran and Canada, what position and rights does a woman have in the family? In order to answer this question and based on the research done in this article, it should be said that the two Islamic and Western legal discourses regarding women's rights have basic differences. A woman has great dignity in the Islamic discourse because of the expectations and duties that are expected from her in the form of building a family. The subsequent legal system of the Islamic Republic of Iran, which is based on Imamiyyah jurisprudence and Islamic teachings, has taken a family-oriented approach and by adopting the discourse of legal propriety for women in the family. These rights are all in line with the role of women as the main pillar of the family. On the other hand, the Canadian legal system, influenced by the doctrines of individualism, libertarianism, materialism, and feminism, has tried to regulate the rights and position of women in the family like men by adopting a subordinate and analogical approach. From this point of view, women's economic and non-economic rights have been drawn and compiled in a completely equal way without any difference in the roles and responsibilities of men and women within the framework of the family. In this system, the family is the product of a completely biological choice that can be started and ended at any time by the will of one or both couples; Regarding the economic rights in Iran's legal system, the man is responsible for securing and realizing the economic rights of the woman, and for this purpose, he imposes various models (dowry, alimony, etc.) Building and managing the family should be provided by the woman. It is for this reason that the financial system of the family in Iran's legal system is based on the system of financial independence; But in the Canadian legal system, this financial system is based on the sharing of property and assets by men and women; because each of them is equally responsible for the economic provision of the family; And according to this common procedure, they can choose multiple models of the family financial system. Regarding women's non-economic rights, it should be said that the legal system in Iran has tried to protect women's rights and legitimate and legal freedoms against men. For this purpose, it has considered ten rights in its civil and family laws for women to guarantee their rights. Also, these rights guarantee a woman's active role in performing the tasks expected of her in the family; This means that the duality of right/obligation has been seen by the legal and the legislator; In this way, if rights are considered for the woman in the family, it is for the purpose of doing the tasks that have been asked of her; And this duality has been based on the natural need of man to form a family and the active role of men and women for the promotion and excellence of this social institution. However, the non-economic rights of women in Canada, which are formulated at the core of the unwritten system of common law and based on subject requirements in the courts, are set with emphasis on femininity and gender justice to guarantee the preservation of individuality and freedom of women in the field. His numerous personal and public. Therefore, in this system, due to the emphasis on the individuality and freedom of the woman in regulating her rights and status, the concept of family does not have its Eastern and Islamic meaning and is merely an interpersonal contract that was formed during a historical process in the society and is changing day by day. The benefit of feminist demands goes to the sidelines and takes a nuclear form. In the following table, we can discuss the most important differences between these two legal discourses.