The Rules of Husband’ s Disobedience in Iranian Law

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Mozafari Kadijeh; Hoseini Zeinab

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Journal Paper

Paper Information

Journal: THE JUDICIARY’S LAW JOURNAL Year:2021 | Volume:85 | Issue:115 Page(s): 241-264

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Information Journal Paper

Title

The Rules of Husband’ s Disobedience in Iranian Law

Author(s)

Mozafari Kadijeh | Hoseini Zeinab | Issue Writer Certificate

Keywords

DisobedienceQ1

DivorceQ2

family lawQ1

distressQ1

constrictionQ1

Abstract

Husband who do not perform certain duties such as payment or sexual relations, cause marital maladjustment and ultimately causes the wife to be dammaged. Despite the attention to this subject in Qur'an, traditions and Shia jurisprudence, it is not well known in Iran's laws and jurisprudence. when a husband does not perform his duties while he has ability to do so, there is a Disobedience. Refuse to pay or to have sex, abusing sexuality, being indifferent etctra are examples of Disobedience. In current laws financial obligations have been guaranteed by effective performance and even punishment, but there is no guarantee for effective implementation of non-financial obligations such as having sex. On the other hand, on the basis of the current rules, it can be considered that the husband's Disobedience leads to distress and constriction of his wife. And on the other hand, this is the violation of the general obligation of Good companionship, so judges for Preventing uncertainty and suspension of wife, can issue Divorce, even without proof the distress and constriction. It is also possible to take a more fundamental step by identifying the Disobedience in Iranian law, specifying the examples and guaranteeing its implementation.

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APA: Copy

Mozafari, Kadijeh, & Hoseini, Zeinab. (2021). The Rules of Husband’ s Disobedience in Iranian Law. THE JUDICIARY’S LAW JOURNAL, 85(115 ), 241-264. SID. https://sid.ir/paper/412079/en

Vancouver: Copy

Mozafari Kadijeh, Hoseini Zeinab. The Rules of Husband’ s Disobedience in Iranian Law. THE JUDICIARY’S LAW JOURNAL[Internet]. 2021;85(115 ):241-264. Available from: https://sid.ir/paper/412079/en

IEEE: Copy

Kadijeh Mozafari, and Zeinab Hoseini, “The Rules of Husband’ s Disobedience in Iranian Law,” THE JUDICIARY’S LAW JOURNAL, vol. 85, no. 115 , pp. 241–264, 2021, [Online]. Available: https://sid.ir/paper/412079/en

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