نوع مقاله : مقاله پژوهشی
نویسنده
جامعه المصطفی العالمیه قم
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
The wife's consent is in the husband's submission and enjoyment of her, although according to the principles of the western legal systems, having a sexual relationship is based on having a sexual relationship, and the husband is not allowed to have a sexual relationship without the request and consent of his legal wife, and with coercion, reluctance and violence, and If the wife is forced to have sex, it will be considered as sexual violence and rape; However, in the Islamic legal system and based on the accepted principles that are mentioned in this summary; The famous opinion of the jurists is that the wife is obliged to submit sexually to her husband, but this does not mean that the freedom of enjoyment granted to the husband by the Holy Sharia, and obliging the wife to submit to it, is unconditional and absolute. A husband is allowed to have sexual relations with his wife by using violence and committing a crime, but from the point of view of jurisprudence, not only is this action forbidden, but it will also bring legal consequences such as criminal and civil liability. In addition, jurisprudential principles and rules, such as the rule of harm, the negation of hardship and harm, and the principle of good company, are binding on the above-mentioned Shariah obfuscation. Although the consent of the wife to accept and accept the committed acts and crimes during sexual intercourse, although it does not remove the sanctity of the crimes, it will definitely remove the warranty resulting from the committed criminal behaviors and will remove the criminal liability.
کلیدواژهها [English]
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