Conditions for Restricting a Wife’s Employment
In today’s society, many individuals face significant economic challenges. Due to the depreciation of the national currency and price instability, not only men but also many women are employed to cover part of their personal or family expenses. As a result, many women prefer employment to full-time household duties. However, in certain situations, a woman’s employment may create difficulties within marital life.
Pursuant to Article 28 of the Constitution, individuals are entitled to choose an occupation of their preference, provided that such occupation is not contrary to Islamic principles, the rights of others, or public interests. Nevertheless, the Civil Code has introduced certain exceptions to this principle, under which a husband may, subject to specific conditions, prevent his wife from engaging in employment.
The Role of the Court in Reviewing Restrictions on a Wife’s Employment
Cases of Restricting a Wife’s Employment
Article 1117 of the Civil Code grants the husband the right, in specific circumstances, to prevent his wife from working. According to this provision, if a woman’s occupation or profession is deemed contrary to family interests or to the dignity of the husband or the wife herself, the husband may prohibit her from continuing such employment. It should be noted that the law has also recognized a similar right for women. In cases where the husband’s profession is contrary to family interests, the wife may likewise request the prevention of her husband’s employment.
In such cases, the court will issue an order to restrict the husband’s employment only if it does not result in disruption of the family’s livelihood.
Determining whether a particular occupation is contrary to family interests depends on social norms and family circumstances, which may vary from case to case. Accordingly, the competent judge has the authority to assess and determine this matter.
Examples of occupations deemed contrary to family interests include the following:
- Occupations that require the performance of unlawful or religiously prohibited acts.
- Occupations that, from a religious or moral perspective, are considered incompatible with human dignity.
Note: If the wife’s employment has been stipulated as a condition within the marriage contract or another binding agreement, the husband may not prevent her from working, at least until the expiration of her employment contract. However, if the court determines that the occupation is contrary to the family’s interests, the husband may, upon obtaining a judicial ruling, prohibit her employment.
Note: If, due to her occupation, whether within or outside the home, the wife is unable to fulfill her marital obligations, she may lose her entitlement to spousal maintenance. In such circumstances, the husband may also request that she cease her employment.
In What Situations May a Husband Prevent His Wife from Working?
If the husband was aware of the wife’s employment before marriage, or if her employment was stipulated as a condition within the marriage contract and accepted by the husband, he may not prevent her from working, except in the circumstances outlined below.
- Where, after the conclusion of the marriage, family circumstances change in a manner that renders the wife’s employment contrary to family interests. For example, before marriage, the husband’s working hours may have allowed him to compensate for the wife’s absence from the home. In contrast, after marriage, increased work obligations may make the wife’s presence at home necessary.
- Where elements related to dignity, such as economic status, level of education, or social standing, change after marriage and become inconsistent with the dignity of either the husband or the wife.
Determination of Incompatibility of a Wife’s Employment
A husband may not unilaterally approach his wife’s workplace and demand the termination of her employment. He must file a formal claim before the court seeking a restriction on the wife’s employment. Only after a court order has been issued may such a decision be communicated to the wife’s employer and enforced.
Mere allegations by the husband are not sufficient to justify the prevention of employment. Clearly, if the wife’s occupation is not contrary to family interests or to the dignity of either spouse, the husband has no legal right to prevent her from working.
Criteria for Determining Occupations Contrary to Dignity or Family Interests
The court considers the following factors:
- Living conditions of the family.
- Social status of the husband and the wife.
- The general standing and background of the spouses’ families.
- Social, economic, and religious position of the spouses.
Frequently Asked Questions Regarding the Conditions for Restricting a Wife’s Employment
Yes. Pursuant to Article 28 of the Constitution, every individual may choose an occupation, provided that it is not contrary to Islamic principles, the rights of others, or public interests. However, this right is subject to certain exceptions under the Civil Code.
According to Article 1117 of the Civil Code, if a woman’s occupation is contrary to family interests or to the dignity of the husband or the wife, the husband may request the restriction of her employment. The court determines this matter.
No. If the wife’s employment has been stipulated in the marriage contract or in another binding agreement, the husband may not prevent her from working unless the court determines that such employment is contrary to family interests.
Yes. The law recognizes this right for women as well. If the husband’s occupation is contrary to family interests, the wife may apply to the court to request a restriction on her husband’s employment.
The determination is made by the court based on factors such as living conditions, social status, economic situation, and the religious and cultural background of the spouses.
No. The husband must file a claim with the court and, following the issuance of a judicial ruling, present it to the wife’s workplace. A mere assertion by the husband is not sufficient to prevent the wife’s employment. Does a woman have the legal right to employment?
Under what circumstances may a husband prevent his wife from working?
If the wife’s employment is stipulated in the marriage contract, may the husband prevent her from working?
May a woman also prevent her husband from working?
What criteria are used to determine occupations contrary to family interests?
May a husband prevent his wife from working without obtaining a court order?
