Theoretical Foundations of the Rights of Married Couple with Emphasis on the Role of Gender in Rights of Divorce and Polygyny

Rights of family are perhaps the most important problem that traditionally received due attention on behalf of researchers and thinkers. It is evident that study on foundations of the subject concerned can resolve many problems raised on the rights of the married partner. The present article is to identify the foundations of rights of family in the context of two rights of divorce and polygyny in Islamic point of view, shedding light on the question whether or not the sexual justice has role in granting the rights in question to men. Though in some cases sexual influences might seem to be involved, such factors cannot be of crucial role in granting rights to men and women because the origin of defining rights is God’s Will and observance of the real interests of human beings. Meanwhile however, other views are also to be examined and assessed.