The Conflict between Couples' Rights and Duties in the Assumption of Sexual Dysfunction of the Wife

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Rasti Zahra; Mashayekhi Fatemeh

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ISSN: 2588-4824

Journal Paper

Paper Information

Journal: Islamic Journal of Women and the Family Year:2024 | Volume:12 | Issue:2 Page(s): 95-114

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Title

The Conflict between Couples' Rights and Duties in the Assumption of Sexual Dysfunction of the Wife

Author(s)

Rasti Zahra | Mashayekhi Fatemeh | Issue Writer Certificate

Keywords

sexual dysfunctionQ4

defects leading to the dissolution of marriageQ4

disobedienceQ4

revocation of wife's financial rightsQ4

wife's special obedienceQ4

conflicts between spouses' rights and dutiesQ4

Abstract

The sexual relations of couples have an effect on their other relations and provide one of the main purposes of marriage, i.e., reproduction, which is evidenced by the existence of many Sharia rulings on this matter. Therefore, investigating the sexual dysfunctions of couples, especially the wife, and its impact on their rights and possible conflicts in this matter, is of particular importance. The purpose of this research is to examine the question of whether there is a conflict between husband and wife's rights in the assumption of sexual dysfunction of the wife. It was conducted in an analytical-documentary way. The findings showed that, contrary to the prevalence and variety of wife's sexual disorders, only two cases of these disorders have been counted by the legislator, which in turn causes confusion in judicial opinions. The results indicated that there is no conflict between husband's duty to pay alimony and dowry and wife's sexual dysfunction, and husband's duty to pay them is a fixed thing, and wife's sexual dysfunction does not cause her rights to be revoked. But in the case of wife's sexual hyperactivity, her right to have intercourse once every four months is excluded, and husband's duty to have intercourse has no time limit, which indicates the existence of a conflict between spouses' rights and duties in this matter. The findings also showed that the legislator, contrary to the prevalence and variety of wife's sexual disorders, has counted only two cases of these disorders, which in turn causes confusion in judicial opinions.

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