Rights of Disabled

“For disabled women age 65–84 in 1999, per person expenditures are 4.5 times those for non-disabled women. For disabled men aged 65–84 in 1999, per person expenditures are 7.5 times those in the non-disabled group. For men age 85+ per person expenditures in the disabled group are over four times those costs for the non-disabled.”(a)

As population grows older studies are focused more on the well being of aged and facilitating functional disabilities. However, else where in Moslem communities the understanding of social realities is some what different. Naturally, women as main care takers of the society contribute on a large scale to the well being of disabled as well as other vulnerable groups. In Moslem communities where traditionally women’s economic participation is restricted by male figure as head of the household and legal breadwinner of the family, law makers need to fill the gap of economic vacuum in order to sustain livelihood.


Family Sharia Laws regarding divorce reads:

Article 1133 and 1134 (1) : Man can divorce his wife when ever he wants, in the presence of two reasonable, just men.

Article 1123 of Divorce Law (2):
Following impairments in woman justifies rights of man to divorce his legal wife without any compensation:

Items 1, 2, 3, 4 – various types of severe illnesses such as black leprosy,
Item 5 – disability,
Item 6 – blindness of both eyes at the time of marriage.

Article 1122 of Divorce Law (3):
Following impairments in man justifies rights of woman to obtain divorce from her husband:

Items 1- madness
Items 2, and 3 – various forms of sexual disabilities of man


Above articles raises the question of rights of disabled. In terms of enforcing fair laws to secure family’s stability and cohesion the concept need rethinking for fairer society. Although man, according to the law, is allowed to enter into legal marriage partnership with 4 permanent wives – still there are additional legal leniency to get rid of a disabled woman without facing financial loss and ignore any altruistic obligation to provide for a disabled or sick human being – contrary to what is often preached to justify polygamy as a charitable gesture to sustain women’s livelihood. Islamic laws are expected to be more compassionate about poor and marginalized, and more in accordance to what is preaching.


(a) Kenneth G. Manton and XiLiang Gu, Disability Declines and Trends in Medicare Expenditures, Duke University, 2005, in the Oxford Institute of Ageing, Issue No. 2


(1) Family Laws, latest edition including all revised articles, Jahangir Mansour (edt.), 2003
(2) Same as above
(3) Same as above
Salamat (health) journal (in persian), vol 62, 15 March