Document Type : Original Article
Authors
1
Associate Professor, Department of Jurisprudence, Imam Sadiq University, Tehran, Iran / Ph.D. Student in Jurisprudence of Family, Bent al-Hoda Higher Education Complex, Al-Mustafa International University, Qom, Iran.
2
Ph.D. Student in Jurisprudence and Foundations of Islamic Law, Imam Sadiq University, Tehran, Iran. (Corresponding Author)
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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