Examining the Wife's Right to Swear and Its Enforcement Guarantee from the Perspective of Islam and the Charter of Human Rights

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Alahmoradi Omolbanin; Jafarzadeh Siamak

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Journal Paper

Paper Information

Journal: JURISPRUDENTIAL RESEARCH ON HUMAN RIGHTS Year:2025 | Volume:2 | Issue:3 Page(s): 1-18

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Title

Examining the Wife's Right to Swear and Its Enforcement Guarantee from the Perspective of Islam and the Charter of Human Rights

Author(s)

Alahmoradi Omolbanin | Jafarzadeh Siamak | Issue Writer Certificate

Keywords

human rights

good company

right to swear

dignity

Abstract

Background and Aims: In the Islamic legal system, in order to strengthen the family system, there are rights and obligations for the parties to the contract. One of the rights considered is the right to ghasm, which actually includes bitoteh and mazajeeh. Materials and Methods: This research is theoretical, the research method is descriptive-analytical, and the method of collecting information is library-based, and it was obtained by referring to books, documents, and articles. Ethical considerations: Throughout all stages of writing this research, honesty and trustworthiness have been observed, while respecting the originality of the texts. Findings: Given that couples are obligated to live together in intimacy, happiness, and peace, respecting the right to ghasm and mazajeeh is also considered a prerequisite for good social relations. Paying attention to this right provides spiritual and emotional solidarity, love, and affection between couples. Therefore, if the husband does not respect this right, he has in fact acted against good social conduct. And if continuing to live together, by not respecting this right, causes hardship, hardship and embarrassment for the wife, action will be taken in accordance with Article 1130 of the Civil Code. Conclusion: Some jurists believe that failure to observe the wife's rights, including the right to ghasm, provides grounds for a lawful divorce. One of the documents supporting this theory is the necessity of good association and conduct in a manner that is good or divorce in a manner that is good.

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