Wife's Right of Confinement and Husband's Insolvency Khadijeh Moradi

Abestention right in marriage is one of the legal rights for the wife which is recognized in Shia Jurisprudence and Civil Law which means that in case of due marriage portion the wife can refrain from her duties beyond the husband until receive the whole of marriage portion. The matter which this article attempts to deal with, is whether, despite the husband's insolvency of paying the marriage portion, the wife still has a lien?
Hereof, three theories of the total Islamic jurists decisions, have inferred (extinction of lien theory, non-extinction of lien theory, and the differentiation theory between knowledge and ignorance of the wife regarding the husband's insolvency). Although, Article 1085 of the Civil Law and No.708 of Supreme Court Precedent are in accordance with the second view, which is famous Shia Jurisprudence, but this research, has considered the third idea as justice and fairness, because of the action rule and authentication of the implicit extinction of lien for the wife who is aware of the insolvency of husband, and according to some contemporary Jurisprudence, believe that the first paying of installment in case of ignorance of wife while the court of justice judge on Payment by Instalment of Marriage Portion, extinction of lien is more compatible with religion, family Interest and community.