A Comparative Study of Wife’s Sexual Rights From the Perspective of Allameh Tabatabaei (RA) and Allameh Fazlollah (RA)

Sexual need is one of the most important biological needs of humans, responding adequately to which has a significant impact on the physical and mental health of the individual and the society. Accordingly, the order to marry is the practical solution of the Holy Qur’an to meet this need. The marriage bond establishes mutual sexual rights and responsibilities for the spouses. Allameh Seyyed Mohammad Hossein Tabatabaei and Allameh Seyyed Mohammad Hossein Fazlollah are among the commentators who, while interpreting the verses concerning women and family, have expressed women’s sexual rights and responsibilities. According to the views of these two interpreters, an honorable association and the similarity principle in rights and responsibilities are among the Qur’anic fundamentals of this debate, which lead to such conclusions as the obligation of not harming the spouse in sexual communications. Sexual rights of the wife, based on the explicit text or the appearance of the Qur’anic verses, include items such as the right to swear, the right to have intercourse, and the right to enjoy. Most of these cases are agreed on by both commentators, except for the wife’s sexual right in terms of time, regarding which Allameh Tabatabaei and Allameh Fazlollah have differing views. Allameh Tabatabaei, considering a well-known jurisprudential opinion, believes in the sexual right of the wife once every four months; however, Allameh Fazlollah, due to the incompatibility of this with women’s sexual needs, the purpose of marriage, and the honorable association, does not consider this duration acceptable and believes that the famous jurisprudential view requires reappraisal.