Domain of Wife's Rights Marital Relationship; Viewpoint of Jurisprudence and family law

Islam has considered both sexual needs along with emotional needs. Since these needs could be fulfilled legally and ethically only in a family structure and a family is formed by combination of both man and woman, these needs must be recognized for both of them and a mechanism should be considered f...

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Main Authors: Saeid Nazari Tavakkoli, Fatemeh Karachian sani
Format: Article
Language:fas
Published: Semnan University 2018-12-01
Series:مطالعات فقه و حقوق اسلامی
Subjects:
Online Access:https://feqh.semnan.ac.ir/article_3312_881592f771f91557c26b9138630db510.pdf
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author Saeid Nazari Tavakkoli
Fatemeh Karachian sani
author_facet Saeid Nazari Tavakkoli
Fatemeh Karachian sani
author_sort Saeid Nazari Tavakkoli
collection DOAJ
description Islam has considered both sexual needs along with emotional needs. Since these needs could be fulfilled legally and ethically only in a family structure and a family is formed by combination of both man and woman, these needs must be recognized for both of them and a mechanism should be considered for providing it in Islamic jurisprudence. However some jurists believe that the woman is in accepting status and providing sexual services is her duty; but this research shows that sexual services is a mutual rights and duty for both wife and husband. Hence, wife's duty is to obey her husband but her husband duty is to fulfill his wife sexual needs in addition to provide spousal supports or alimony. So the order for intercourse incumbency in every four month for husband concerns about a situation that the wife hasn’t requested for intercourse in that period. Also, obeying incumbency for wife concerns about a situation that the wife tend to have intercourse. Therefore, making and having intercourse is a reciprocal duty and right which will not be legitimized except by the consent of the husband and wife.
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spelling doaj.art-17eef9e740554d56a25d192ab8adfb532024-02-23T23:19:31ZfasSemnan Universityمطالعات فقه و حقوق اسلامی2008-70122717-03302018-12-01101935937810.22075/feqh.2018.10902.10683312Domain of Wife's Rights Marital Relationship; Viewpoint of Jurisprudence and family lawSaeid Nazari Tavakkoli0Fatemeh Karachian sani1Associate Professor In Tehran university. PHD student In Islamic Jurisprudence and Law.دانشجوی دکتریIslam has considered both sexual needs along with emotional needs. Since these needs could be fulfilled legally and ethically only in a family structure and a family is formed by combination of both man and woman, these needs must be recognized for both of them and a mechanism should be considered for providing it in Islamic jurisprudence. However some jurists believe that the woman is in accepting status and providing sexual services is her duty; but this research shows that sexual services is a mutual rights and duty for both wife and husband. Hence, wife's duty is to obey her husband but her husband duty is to fulfill his wife sexual needs in addition to provide spousal supports or alimony. So the order for intercourse incumbency in every four month for husband concerns about a situation that the wife hasn’t requested for intercourse in that period. Also, obeying incumbency for wife concerns about a situation that the wife tend to have intercourse. Therefore, making and having intercourse is a reciprocal duty and right which will not be legitimized except by the consent of the husband and wife.https://feqh.semnan.ac.ir/article_3312_881592f771f91557c26b9138630db510.pdfrightfamilyfamily lawsexual needsspouse
spellingShingle Saeid Nazari Tavakkoli
Fatemeh Karachian sani
Domain of Wife's Rights Marital Relationship; Viewpoint of Jurisprudence and family law
مطالعات فقه و حقوق اسلامی
right
family
family law
sexual needs
spouse
title Domain of Wife's Rights Marital Relationship; Viewpoint of Jurisprudence and family law
title_full Domain of Wife's Rights Marital Relationship; Viewpoint of Jurisprudence and family law
title_fullStr Domain of Wife's Rights Marital Relationship; Viewpoint of Jurisprudence and family law
title_full_unstemmed Domain of Wife's Rights Marital Relationship; Viewpoint of Jurisprudence and family law
title_short Domain of Wife's Rights Marital Relationship; Viewpoint of Jurisprudence and family law
title_sort domain of wife s rights marital relationship viewpoint of jurisprudence and family law
topic right
family
family law
sexual needs
spouse
url https://feqh.semnan.ac.ir/article_3312_881592f771f91557c26b9138630db510.pdf
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