Analysis of Reasons and Basics of Terms’ Legitimacy Emphasizing on Couple Asset Dividing Terms with a Citizenship Rights Approach

Abstract

In Islamic Republic of Iran constitution, we could find principles that refer to ethical and citizenship right issue explicitly or implicitly. Even, we could consider the third chapter of the constitution as citizenship right as the cornerstone of the codifying of citizenship rights charter. The citizenship right related to ethic in two areas. First, these rights could be originated from ethic based on moralism school. Second, ethical standards, which human right and maintaining human dignity are at the top, must be met in the exercising and describing of these rights. Citizenship right is one of the manifestations of being ethic. Some believed that law is one of the manifestations of the ethic and citizenship right is subset of such law. The governments are the best symbol to meet citizenship right ethic. One of the Iran law mechanisms to govern ethic between couples is that a right as man’s asset dividing condition is considered for the wife, i.e. if the divorce is not requested by wife, or the divorce is not based on the misbehavior of the wife and the wife has met all his duties including general and specific obedience, and when divorcing, the man has positive assets which he has no debt, the half of his assets transfer to wife based on legislator. Such condition is an ethical-based law and its goal is that the wife is not faced with social harms after divorcing. Such condition and its legitimacy give security and ethic to marital life of the couples and enhance their relationship, consolidate the family and reduce the divorce level. No doubt, recognizing the condition of man’s assets dividing is in accordance with citizenship rights. Please cite this article as: Ostadi SA, Azimi Garekani H. Analysis of Reasons and Basics of Terms’ Legitimacy Emphasizing on Couple Asset Dividing Terms with a Citizenship Rights Approach. Bioethics Journal, Special Issue on Human Rights and Citizenship Rights 2019; 287-304.