The comparison sexual relations lack in Imami and Sunni jurisprudence

In a marriage contract, one of the obligations which has to be met by wife is (sexual) condescension. Since marriage contract like any other contract has the capacity to be interspersed with some additional terms and conditions, and

because a review and comparison of Shiite and Sunni scholars' opinions is considered necessary for the sake of Islamic unity at the present time, wife's (sexual) condescension was investigated in marriage contract. Thus The present study, based on the description and analysis of the propositions of Islamic jurisprudence and the library method, has studied the present subject.

In this study which is based on a descriptive-analytical method, having investigated some Shiite and Sunni scholars' critical arguments and views on the validity and accuracy of inserting some terms and conditions for not condescending on the side of wife in marriage contract, the researches came to the conclusion that in the Shiite jurisprudence, sexual condescension is not considered as an essential component in the marriage contract, but rather as a minor and superficial outcome of thecontract. The husband at his own discretion, because of lawfulness of having sexual relations with his wife, has limited his right to some degree; therefore, the view of inserting a limited number of conditions has already been accepted in the contract. All Sunni scholars are of the opinion that sexual condescension is the essential part of the contract, and any conditions against this principle would be invalid due to such opposite position against this fairly evident factor in marriage.