The Evolution of Spousal Rights in the Iranian and English Legal Systems: A Transition from Authority-Based to Partnership-Based Models

Abstract

This study aims to explain and comparatively examine the evolution of spousal rights in the Iranian and English legal systems, focusing on the transition of both systems from traditional “authority-based” models toward modern “partnership-based” frameworks. Employing a descriptive–analytical method and a comparative approach, the study investigates how distinct theoretical foundations have been adapted to contemporary social demands. The findings indicate that developments in the English legal system have been grounded in the doctrine of “liberal individualism” and the principle of “freedom of contract,” resulting in the erosion of the husband’s traditional authority and the establishment of a system of formal and substantive equality based on private agreements. By contrast, the Iranian legal system, drawing on the dynamic capacities of Islamic jurisprudence, has undergone this evolutionary process not through structural rupture but through the “moderation of authority” and the creation of complementary legal mechanisms, such as “stipulations incorporated into the marriage contract” and family protection legislation. The findings further demonstrate that, despite divergence in their ontological foundations and the sources from which legal rules derive their legitimacy, both systems have converged, in response to social transformations, toward the “contractualization of family relations.” Ultimately, this transition demonstrates that the effectiveness of family law in both systems no longer lies in the exercise of absolute authority, but rather in creating legal space for “voluntary agreements” and promoting responsible partnership between spouses.