Wife's right to custody is one of the performance bonds of dowry, which is of considerable importance. This study was conducted with the purpose of investigating the concept of the right to custody and the conditions of its implementation, husband's inability to pay and its effect on losing or not losing wife's right to custody, as well as the influence of the division of dowry on the right to custody in Afghanistan's Shiite Personal Status Law in the descriptive-analytical way. The results of the investigations showed that the use of the right of custody depends on the fulfillment of two conditions, which are: the presence of dowry and the lack of voluntary obedience. It seems that according to Clause 2 of Article 106 of Afghanistan's Shiite Personal Status Law, wife's right to custody even in the case of husband's inability to pay and the division of dowry until its full payment is reserved. It is not compatible with the principle of justice and fairness and has many negative consequences. Therefore, it is suggested to revise and correct the above article, and to clarify the current ambiguities in this matter, some other clauses should be established according to the proposed clauses.
Shafagh, A. (2024). The Analytical-Critical Review of the Effect of Husband's Inability to Pay on Wife's Right to Refuse to Obey the Husband in Afghanistan's Shiite Personal Status Law. The Islamic Journal Of Women and The Family, 12(1), 125-145. doi: 10.22034/ijwf.2024.16469.2115
MLA
Shafagh, A. . "The Analytical-Critical Review of the Effect of Husband's Inability to Pay on Wife's Right to Refuse to Obey the Husband in Afghanistan's Shiite Personal Status Law", The Islamic Journal Of Women and The Family, 12, 1, 2024, 125-145. doi: 10.22034/ijwf.2024.16469.2115
HARVARD
Shafagh, A. (2024). 'The Analytical-Critical Review of the Effect of Husband's Inability to Pay on Wife's Right to Refuse to Obey the Husband in Afghanistan's Shiite Personal Status Law', The Islamic Journal Of Women and The Family, 12(1), pp. 125-145. doi: 10.22034/ijwf.2024.16469.2115
CHICAGO
A. Shafagh, "The Analytical-Critical Review of the Effect of Husband's Inability to Pay on Wife's Right to Refuse to Obey the Husband in Afghanistan's Shiite Personal Status Law," The Islamic Journal Of Women and The Family, 12 1 (2024): 125-145, doi: 10.22034/ijwf.2024.16469.2115
VANCOUVER
Shafagh, A. The Analytical-Critical Review of the Effect of Husband's Inability to Pay on Wife's Right to Refuse to Obey the Husband in Afghanistan's Shiite Personal Status Law. The Islamic Journal Of Women and The Family, 2024; 12(1): 125-145. doi: 10.22034/ijwf.2024.16469.2115
)