The wife's consent is in the husband's submission and enjoyment of her, although in western legal systems, having a sexual relationship is included and the husband is not allowed to have sex without the request and consent of his legal wife, and if the wife is forced to have sex under Sexual violence and rape will be criminalized; However, in the Islamic legal system, the opinion of the famous 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 it is absolute and the husband is allowed to have sexual relations with his wife by using violence and committing crimes.Rather, from the point of view of judicial jurisprudence, not only this act is forbidden, but it will also bring legal 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.
Yaghuobi,A. A. (2024). The role of the wife's consent in the criminal liability of sexual intercourse crimes from the point of view of jurisprudence and law. (e716114). Modern Jurisprudence and Law, (), e716114 doi: 10.22034/jml.2024.1971785.1209
MLA
Yaghuobi,A. A. . "The role of the wife's consent in the criminal liability of sexual intercourse crimes from the point of view of jurisprudence and law" .e716114 , Modern Jurisprudence and Law, , , 2024, e716114. doi: 10.22034/jml.2024.1971785.1209
HARVARD
Yaghuobi A. A. (2024). 'The role of the wife's consent in the criminal liability of sexual intercourse crimes from the point of view of jurisprudence and law', Modern Jurisprudence and Law, (), e716114. doi: 10.22034/jml.2024.1971785.1209
CHICAGO
A. A. Yaghuobi, "The role of the wife's consent in the criminal liability of sexual intercourse crimes from the point of view of jurisprudence and law," Modern Jurisprudence and Law, (2024): e716114, doi: 10.22034/jml.2024.1971785.1209
VANCOUVER
Yaghuobi A. A. The role of the wife's consent in the criminal liability of sexual intercourse crimes from the point of view of jurisprudence and law. Modern Jurisprudence and Law, 2024; (): e716114. doi: 10.22034/jml.2024.1971785.1209