The Framework of Sexual Relations between Wife and Husband in the Light of Jurisprudential Rule of “The Necessity of Behaving Reasonably in Marital Relationship”

• Main Authors: رحیم نوبهار, سیده ام البنین حسینی
• Format: Article
• Language: fas
• Published: Shahid Beheshti University 2018-06-01
• Series: فصلنامه خانواده پژوهی
• Subjects: قاعده معاشرت به معروف- روابط جنسی زوجین- حقوق جنسی زوجه- خشونت جنسی
• Online Access: http://jfr.sbu.ac.ir/article/view/19592

This article studies the currently views of Islamic jurisprudence along with Iranian legal system’s position on sexual relations. According to the rule, all legal aspects of marital relationship including sexual issues should be in the framework of reasonable and rational behavior. Accordingly, limiting the right of wife to sexual relation with her husband in one time per four months, as it is determined in traditional jurisprudence, cannot be acceptable; because of its inconsistency with the criterion of reasonable behavior. Similarly, in every single sexual relationship the criterion of reasonableness should be observed. Therefore, sexual relation by force, violent and unreasonable methods of sexual intercourse are impermissible. Considering the fact that the concept of reasonable behavior is dynamic and changeable under the influence of difference in costumes and culture, the article concludes that a reasonable behavior in previous communities might be evaluated as unreasonable in our time. The article also makes some suggestions for improvement in Iranian family law in terms of sexual relations.