Jurisprudential-Legal Approach in Proving the Balance in the Sexual Rights of Married Couple and its Impact on Subject Rights
Subject Areas : All jurisprudential issuesnasser ali azlall nejad 1 , Hasan Asadi 2 , Fatemeh Jafari 3
1 - Assistant Professor of Islamic Jurisprudence and Law, Varamin-Pishva Branch, Islamic Azad University, Varamin, Iran.
2 - Assistant Professor of Islamic Jurisprudence and Law, Varamin-Pishva Branch, Islamic Azad University, Varamin, Iran.
3 - PhD Student in Islamic Jurisprudence and Law, Pishva Branch - Varamin, Islamic Azad University, Varamin, Iran.
Keywords: marriage, Special obedience, Sexual rights, Divorce,
Abstract :
Jurisprudential sources and Legal doctrine Call the woman's sexual Intercouse with her husband and the Response to his legitimate wishes,the Specific obedience that is one of the nonfinancial effects of marriage, which in civil law deals with The title of Marital Duties has been explained and the guarantee of its non-enforcement, namely non-compliance with the law, is the non-payment of alimony by the man. The consensus of the jurisprudents and jurists is that this non-financial right is reserved only to the man and he can When he wants to exercise his right to do so unless the woman is unaware of this relationship. Contemporary jurists and jurisprudents, the lawful and inexplicable jurisprudential rules, the provision and maintenance of women's chastity, attention to the nature of sexual instincts as a shared instinct between men and women, attention to individual and social excellence of women and the prevention of corruption in society show that This right can not only be confined to men, but sexual intercourse is one of the common rights and duties of couples and jender difference do not prevent balance in sexual affairs of couples whose rights in matters of the country should be subject to special scrutiny in light of these issues and rational conclusions. Keywords: Special obedience, Sexual rights, Divorce, Marriage
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