Social justice, the neglected basis in the Supreme Court's unanimous ruling: "The unmarried wife's lack of entitlement to use

Document Type : Descriptive & Survey

Author
Allameh tabatabaei university
Abstract
If we consider the most comprehensive and true meaning of justice in Islam to be respecting the rights of individuals and granting every right holder his right; in contrast to oppression, which is trampling on the rights and encroaching on and occupying the rights of others; it must be said that the realization of this most important goal and objective of Islamic teachings in some women's rights, including the discussion of "implementing the condition of proxy in divorce for an unmarried wife," should be seriously considered by the legislator.
Since freedom of will, with the permission of Article 10 of the Civil Code, determines the conditions included in the marriage contract, and these conditions modify a contract whose conclusion is by two wills and its dissolution is entrusted to one will, and as a result, they establish justice between the rights of the parties to the marriage contract, does not the restriction of the twelfth condition of official marriage certificates by the unanimous decision of the General Board of the Supreme Court of the Republic of Iran, violate the purpose and contradict the philosophy of compiling and prescribing these conditions and contradict the firm and solid principle of social justice? The necessity of performing religious and legal duties by the wife, the lack of giving rewards to the unmarried wife, and the fatwas of jurists, etc., in general, determine the viewpoint of those in favor of the unanimous opinion.
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Articles in Press, Accepted Manuscript
Available Online from 05 October 2026