A Jurisprudential and Legal Examination of a Wife’s Need for the Husband’s Permission to Leave the Home with an Emphasis on Social Transformations

Abstract

In the Iranian legal system, “tamkin” (marital obedience or conjugal compliance) constitutes one of the principal foundations of married life. In its traditional interpretation, a wife’s residence in the shared household and her departure from it are considered contingent upon the husband’s permission. This issue has encountered emerging social challenges, including the necessity of women’s participation in scientific, professional, and social spheres. Ambiguity regarding the scope of “tamkin,” the conflict between the husband’s right to family management and the wife’s individual freedoms, and the absence of clear criteria distinguishing necessary from unnecessary departures from the home have led to numerous disputes and lawsuits before the courts. Therefore, a reconsideration of the jurisprudential and legal foundations is necessary in order to eliminate this legal gap and achieve justice in marital relations. Using a descriptive–analytical method, the present study concludes that, despite its traditional roots, the concept of a “wife’s permission to leave the home” demonstrates a significant capacity for adaptation to contemporary society. Custom (‘urf) serves as the key interpretive mechanism for this concept and determines instances of lawful departure, such as education or employment, in light of the interests of the family. Iranian laws likewise recognize custom in determining these instances. Permission is a dynamic concept shaped within the context of time and culture and reflects the flexibility of Islamic jurisprudence and law. Alongside statutory law and jurisprudence, custom contributes to guiding family relations and prevents permission from becoming an instrument of domination; consequently, it promotes relationships based on cooperation and mutual respect.