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Paper Information

Journal:   FASLNAMAH-I PAZHOHESH HAYE FIQH VA HUQUQ ISLAMI (ISLAMIC LAW & JURISPRUDENCE RESEARCHES QUARTERLY)   WINTER 2011 , Volume 7 , Number 22; Page(s) 11 To 29.
 
Paper: 

JUDICIAL STUDY OF WIFE EXIT FROM HOME WITHOUT HUSBAND'S PERMISSION

 
 
Author(s):  AHMADI SEYYED MEHDI*, SALILI SEYYED ALI
 
* I.A.U, SARI BRANCH
 
Abstract: 
Marriage is a mutual contract between husband and his wife and both of them enjoy some rights in this regard. Although they do not have the same rights but what has caused jurists to reserve a right for husband in imprisoning his wife is husband enjoyment of his wife.
This research says that enjoyment should be mutual at the level of common law. It may seem that this right only leads to sexual enjoyment while jurists' opinion is general in this case. Spouses' rights are mentioned in the formal contract or determined by the common law. Why are all the wives' needs designed by the common law but not her husband enjoyment of her? Can we ignore such questions and give an unlimited authority to husband.
In this research we will say that sexual enjoyment is mutual for both men and women and Islam has clear rules in this respect just at the level of reason and common law.
Islam considers all the advantages and disadvantages of this matter for both of them.
Therefore, preventing wives from going out for visiting her parents or her sick ones and so on is an overt oppression though some still believe that this is not true.
 
Keyword(s): WOMEN' RIGHTS, HUSBAND'S PERMISSION, COUPLES' RIGHTS, COMMON LAW, WIVES EXIT FROM HOME
 
References: 
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