Jurisprudential study of the theory of judicial divorce in case of non- compliance of woman's right to sexual intercourse

As a result of permanent marriage, a marital relationship is established between husband and wife, and duties and rights are created for each of them in relation to the other. Some of these rights belong to the wife that the husband is obliged to do them. The right of having sexual intercourse or the right of Movaqe'ah is one of them. The jurists believe that the husband should not leave sexual intercourse with his spouse for more than four months and according to this perspective, in this article the question arises that if sexual intercourse is considered as a woman's right, what an executive guarantee is provided for it? If the man does not observe this right of the wife, does the woman have the right to sue and complain, or does she have to wait and be patient with this cruelty and oppression until the man pass away. In this article, by referring to valid jurisprudential reasons, we have proved that if the husband violates this right or if he is unable to do so due to his disability and impotence, such as the case where the husband suffers from defects such as impotency that cannot use the right of termination, the judge can oblige the husband to divorce the wife according to the wife's divorce request and if not possible, the judge will divorce her, proving this issue is the main purpose of this study.