جستجوی مقالات مرتبط با کلیدواژه "sexual obedience" در نشریات گروه "فقه و حقوق"

The Holy Sharia has established several rights in the marriage contract to secure the couple's interests and strengthen the family's foundation. Most Imami jurists have recognized the right of lien for both parties in the exchange contracts and marriage. The right to lien is an option based on which each of the parties to the contract is allowed to refuse to perform his obligation until the other party's obligation is fulfilled. The recognition of the right to lien in family law, in addition to shattering the foundation of the family and increasing family harm, has increased the family's judicial challenges. The spread of unconventional dowers in Iranian society has doubled the problem of the right to lien. This has necessitated a jurisprudential review of the principles of the right to lien and the related laws. The research findings show that the jurisprudential principles of the right to lien face serious challenges. The current paper, using library resources with a critical analytical approach and examining various aspects of the mentioned issue, analyzes the jurisprudential foundations of the wife's right to lien in marriage. Therefore, after the preliminary reference to the right of lien in the legal system, it analyzes the jurisprudential-legal proofs and criticizes the most important views of Imami jurists. The research findings show that marriage is not considered as an exchange contract. And the right to lien in the exchange contracts and in marriage does not have a clear legal document.

One of the most controversial legal issues in the relationship between spouses is the exercising of the right of lien by the wife which is the subject of many lawsuits in the courts today. According to the opinion of most jurists, if the wife's dower is non-timed, she can refuse sexual obedience until the dower is received. The wife's refusal to submit sexually is done with Sharia permission, and for this reason, it does not destroy her right to receive alimony. The right of lien in marriage is proven by several reasons, the most important of which are traditions, the consensus of jurists, and considering marriage as an exchange contract. In the present research, we reviewed and criticized these reasons with a descriptive-analytical method based on library sources, and come to the conclusion that the proofs presented are not enough to establish the right of lien in marriage.

Marriage, like other contracts, has different effects, the most fundamental of which is undoubtedly the right to sexual pleasure. Because the requirement of marriage contract is the formation of a family and the establishment of a marital relationship is one of its main consequences. The condition of sexual disobedience negates the apparent and desirable effect of marriage contract and contradicts its customary meaning. This study examines the views of the five denominations in reviewing the condition of sexual disobedience in the marriage contract and considers sexual obedience as a requirement of the nature of the contract and not a requirement of its absoluteness (Iṭlāq). Furthermore, it examines the requirement of the nature of marriage contract and the validity or non-validity of the condition of sexual disobedience from the perspective of Islamic denominations and scrutinizes the opinions of psychologists on the destructive effects of not having a marital relationship on the part of women.