Document Type : Original Article
Authors
1
Assistant Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Payam Noor University, Tehran, Iran
2
Associate Professor, Department of Islamic Jurisprudence and Law, Faculty of Literature and Humanities, Urmia University, Urmia, Iran.
10.22034/jhsrj.2025.2064503.1025
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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