The Effects of Tamkin (Wife Obedience) Being Hukm/ Taklif (Decree/ Duty) or Haq (Right) in Jurisprudence of Islamic Denominations

The present study, which is a descriptive-analytic research and has been conducted through content analysis method, examines the concept of Tamkin (Wife Obedience) and its related effects in marital life based on jurisprudence of Islamic schools of thought and law. Tamkin (Wife Obedience) in jurisprudence has a special usage which means the husband’s right to enjoyment with his wife. From the jurists’ point of view, Tamkin (Wife Obedience) has a specific meaning, namely, the fulfillment of the man’s sexual desire, and a general meaning, namely accepting the management of the husband and honoring his will to run the family. The results of the study indicate that one of the most important issues about Tamkin (Wife Obedience) is to prove that if it is Haq (Right) or Hukm/ Taklif (Decree/ Duty), because if it is Haq (Right), the right holder can abolish his right and not exercise it, and if it is a Hukm/ Taklif (Decree/ Duty), it is indestructible. According to the common theory in Islamic jurisprudence, the obedience is obligatory on the wife, and it is a right for the Husband and if the wife refuses, she is considered to be Nashizah (Disobedient Woman), and falling of the right for receiving Nafaqa (Alimony) Ta‘zir (Punishment) and the fall of the right to take an oath are the guarantees for it. According to the verses of the Quran, traditions, Consensus (Ijma‘) of jurists, rational reasons, and legal articles, the final result is that Tamkin (Wife Obedience) is Hukm/ Taklif (Decree/ Duty).