Feasibility study of the husband leaving the marital duties (Noshuz) in temporary contract

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Dehghannezhad Reza; Hedayatniya Farajollah

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Journal Paper

Paper Information

Journal: Family Law and Jurisprudence Journal Year:2022 | Volume:26 | Issue:75 Page(s): 211-233

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Information Journal Paper

Title

Feasibility study of the husband leaving the marital duties (Noshuz) in temporary contract

Author(s)

Dehghannezhad Reza | Hedayatniya Farajollah | Issue Writer Certificate

Keywords

Temporary contract

the wife's rights"

" The right of cohabitation

the right of intimacy

the husband's Noshuz

Abstract

In Shia jurisprudence and consequently in the civil law of the Islamic Republic of Iran, temporary marriage is recognized as one of the types of marriage. The wife's sexual rights and the possibility of the husband leaving the marital duties (Noshuz) in this type of marriage are the important and challenging issues about temporary marriage. This article with a descriptive and analytical method tries to answer these following related questions: Is the marital law such as the right to cohabitation and intimacy fixed or not for the temporary wife? If yes, what is the effect of the husband' refusal to perform the marital duty of the wife and how she can he obtain her rights? Family law in Iran is silent on these issues jurisprudential views on it are also different. The research findings show that the right to intimacy is fixed for a temporary wife. Also, in a long-term marriage, the wife has the right to love and affection. As a result, the husband's Noshuz in Temporary contract is achievable. If the husband refuses to perform the marital duties of the temporary wife, at the request of the wife, the court first obliges the husband and then forces him to grant the term of contract.

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APA: Copy

Dehghannezhad, Reza, & Hedayatniya, Farajollah. (2022). Feasibility study of the husband leaving the marital duties (Noshuz) in temporary contract. FAMILY LAW AND JURISPRUDENCE (NEDAYE SADIQ), 26(75 ), 211-233. SID. https://sid.ir/paper/955137/en

Vancouver: Copy

Dehghannezhad Reza, Hedayatniya Farajollah. Feasibility study of the husband leaving the marital duties (Noshuz) in temporary contract. FAMILY LAW AND JURISPRUDENCE (NEDAYE SADIQ)[Internet]. 2022;26(75 ):211-233. Available from: https://sid.ir/paper/955137/en

IEEE: Copy

Reza Dehghannezhad, and Farajollah Hedayatniya, “Feasibility study of the husband leaving the marital duties (Noshuz) in temporary contract,” FAMILY LAW AND JURISPRUDENCE (NEDAYE SADIQ), vol. 26, no. 75 , pp. 211–233, 2022, [Online]. Available: https://sid.ir/paper/955137/en

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