Juridical and Legal Investigation of Conditions Controlling Sexual Relationships

Subject Areas : All jurisprudential issues

Behnam Ghanbarpour ¹ (ندارد)
Sayed Mohammad Reza Ayati ² (ندارد)

Received: 2013-05-17 Accepted : 2014-01-13 Published : 2013-11-22

Keywords: marriage, Compliance, Due to the nature of the contr, Avoiding compliance,

Abstract :

About whether we can note that husbands and wives don’t have sexual relationship in espousal addition condition of matrimony or not, there are different views between jurisconsults and jurists. The origin of this difference includes: is having sexual relationship necessary in matrimony or not? If we consider having sexual relationship necessary in matrimony, the condition that prohibits it, is refused. But if not, that condition is valid.The author in this article tries to reveal a third view according to time pertinent as a stoop modification. He suggested that pertinent of espousal and being licit is pleasure and stoop counts as pertinent of espousal predication. But, removing and ignoring of this in matrimony life are in the opposite side of ordered rules and plausive behavior, because such a condition is one of the antitype of banning permissible and denies exterior effect of espousal and has a difference with tradition.