The Legitimacy of Condition of Non-Obey in the Marriage Contract with Respect to Citizenship Rights

Marriage contract as one of the fundamental recommendations of the Islamic religion plays an important role in strengthening the family institution. However, the marriage contract is affected by another category, including Condition non-compliance, that there is a lot of disagreement between Jurists. The condition of non- obey in marriage contract is closely linked to citizenship. Because, at citizenship rights, women's financial independence and their progress in society have been taken into consideration, And on the other hand, Presiding over the man in the family and the right to obey of him, it May cause Limitations for women in the social arena, And affect citizenship rights. The question of this study is how can legitimacy of non- obey condition help to respect the citizenship rights of couples, including women in Islamic society?. From the results of the present study is that Social Necessities To enter women into different political, social and economic spheres, on the one hand, And the emphasis on Islam on respect for the inherent dignity of men and equality for men and women, on the other hand, Caused to consider changes to Condition of non- obey From the perspective of realizing women's citizenship rights as well. Thus, in contemporary life, it is not possible for husband to acquire the right to obey at any time. Because women, in addition to fulfilling their marital obligations, they also participate actively in social and economic activities. Therefore, they prefer to develop their social role while maintaining their marital obligations. Citizenship rights for women can be achieved by legitimizing the condition of non- obey in marriage. The method of the present study is a descriptive-analytical one that information has been collected through documentary and library methods.