A Comprehensive Comparative Study of Women’s Economic Rights in the Family from the Perspective of Shia jurisprudence and Sunni jurisprudence

Abstract

Women’s economic rights in the family, from the perspective of Shia and Sunni jurisprudence, constitute a sensitive and multilayered domain in which concepts such as maintenance (nafaqa), dower (mahr), financial independence, the right to employment, and the authority over financial dispositions possess both a religious (shar‘i) and customary-legal dimension. Despite the shared foundational principles in both jurisprudential schools, the implementation of these rights has exhibited significant differences across the social and legal contexts of various countries. The main question of this study is how these similarities and differences affect the realization of economic justice within the family institution and what potential exists for convergence. The primary aim is to identify and deeply analyze the common foundations and points of divergence between Shia and Sunni jurisprudence regarding women’s economic rights, along with examining how these foundations are reflected in the civil laws of Iran and Egypt as exemplary cases, and to propose solutions to bridge the implementation gaps within the framework of accepted religious principles and contemporary social requirements. This study was conducted using a comparative-analytical approach and library-based data collection method. Authoritative jurisprudential sources from both schools, civil laws and related regulations, as well as prior domestic and international research, were systematically reviewed, and findings were extracted and interpreted using qualitative analysis and cross-system comparison. The research approach combined deductive inference from religious texts with inductive analysis of legal and social data. The findings indicate that many of the challenges in implementing women’s economic rights are not rooted in contradictions or deficiencies within the jurisprudential foundations, but rather stem from inefficient executive structures, restrictive customs, and rigid interpretations of religious texts. In both Iran and Egypt, jurisprudential capacities exist to reform the methods of calculating and paying maintenance, ensuring effective provision of dower, supporting women’s economic independence, facilitating lawful employment, and establishing transparent frameworks for financial dispositions. Reforming the laws while preserving the religious framework, alongside raising public awareness, can constitute a crucial step toward achieving economic justice and strengthening the foundation of the family.