A Comparative Study of the Scope of Wife's Requirement to Get Husband's Permission while Going out of Home Based on the Shiite and Sunni views
Subject Areas : Private law
Abdolrasoul Ahmadian
1
,
Ahamd Moradkhani
2
,
Mohammad mehdi Ahmadi
3
,
Ahamd Moradkhani
4
,
Hassan Abedian
5
1 - واحد قم
2 - واحد قم
3 - واحد قم
4 - واحد قم
5 - واحد قم
Keywords: Disobedience, Permission, Getting out of home, Subservience, Jurisprudence of the Two Islamic Sects,
Abstract :
After the contract of marriage, some rights and duties are imposed to the spouses. One of these rights is the right of subservience. One of the aspect of this right which is agreed upon by all Muslim jurists is that the wife is not allowed to get out of home without the husband's permission and if happened her act is considered "Nushuz" or disobedience and the wife who has done it is called Nashizah or disobedient and as a result of which she will be deprived form two of her rights: alimony and Qasm. About the scope of wife's duty to ask for the husband's permission, there are several views in Imamiyah Jurisprudence: a group of these jurists believes in the absolute necessity of getting such permission while another group limits this duty to the situation when her leaving contradicts husband's right of having an absolute sexual pleasure from his wife. Sunni jurists have similar views. The comparison of views expressed by both Shiite and Sunni jurists indicates that most Imamiyeh Jurists and most jurists belonging to the Shafei, Maleki and Hanbali jurisprudential schools believe in the absolute necessity of getting permission and believe that the wife is allowed to get out of home without her husband's permission only in emergency cases. In contrast, some of the Shiite jurists believe in the limited necessity of having such permission and say it is necessary only in cases when her leaving causes the husband to get deprived from accessing her for sexual purpose.