disobedience

The sexual relations of couples have an effect on their other relations and provide one of the main purposes of marriage, i.e., reproduction, which is evidenced by the existence of many Sharia rulings on this matter. Therefore, investigating the sexual dysfunctions of couples, especially the wife, and its impact on their rights and possible conflicts in this matter, is of particular importance. The purpose of this research is to examine the question of whether there is a conflict between husband and wife's rights in the assumption of sexual dysfunction of the wife. It was conducted in an analytical-documentary way. The findings showed that, contrary to the prevalence and variety of wife's sexual disorders, only two cases of these disorders have been counted by the legislator, which in turn causes confusion in judicial opinions. The results indicated that there is no conflict between husband's duty to pay alimony and dowry and wife's sexual dysfunction, and husband's duty to pay them is a fixed thing, and wife's sexual dysfunction does not cause her rights to be revoked. But in the case of wife's sexual hyperactivity, her right to have intercourse once every four months is excluded, and husband's duty to have intercourse has no time limit, which indicates the existence of a conflict between spouses' rights and duties in this matter. The findings also showed that the legislator, contrary to the prevalence and variety of wife's sexual disorders, has counted only two cases of these disorders, which in turn causes confusion in judicial opinions.

One of the most common clinical disorders in children is stubbornness. Stubbornness means insisting on one's opinion and opinion and opposing the opinion and opinion of others or resisting anything that endangers one's interests and interests. This maladaptive behavior, which is seen in many children, is a form of display of feelings of hatred and hostility towards parents and others. Stubbornness and disobedience may occur consciously and by will or unconsciously and as a result of habit, and it is often rooted in family upbringing and the conditions governing the family. This disorder can show itself in various forms, including non-cooperation, arguments, non-responsiveness, disobedience and hostile behavior. The treatment of stubbornness disorder is mainly based on modifying parents' behavior, child's psychological training, combined training (parent-child) and drug therapy. Considering the importance of the central position and role of children in the future structure of society and the high prevalence of this disorder in them as well as the adverse consequences that can follow, in this article, using the descriptive method, the various causes of children's stubbornness and its forms are investigated. and expressed useful solutions in this field.

Tamkin in a specific sense is one of the sexual rights of the husband, and Tamkin in the general sense, in addition to sexual rights, is one of the requirements of the husband's dominion over the family, and the wife's disobedience in the literature of the jurists indicates disobedience. Considering the change in lifestyle and changes in couples' relationships, the question arises whether obedience and disobedience have changed in terms of concept and application? Undoubtedly, obedience is one of the signature rights and, like the founding forgery, it requires forgery from the Shari'a. While identifying the usual obedience and signing it, the Shari'a strengthened the relationship between the couple and the family institution with an appropriate legal mechanism. The stability of the marriage and the institution of the family is affected by several components, and obedience is one of those components.In this research, with a descriptive and analytical method, it is emphasized that obedience in the general sense has changed in accordance with the requirements of the time. Therefore, despite the wife's social activities and employment outside the home, the husband is required to give alms.

The God has not ordained harmful rules in the primary legislation position, but if the implementation of one of these rules causes any damage to a person, then the prohibition of detriment rule would resolve it. This study aims to investigate the position and requirements of the prohibition of detriment rule in remedying the damages caused by special obedience or disobedience of wife to the husband based on descriptive-analytical method. Although, the special obedience is one of the wife’s duty according to legal and jurisprudential rules, but the prohibition of detriment rule as a superior and dominant rule could remove the harmful primary rules or rules which are related to harmful consequences. Therefore, the prohibition of detriment rule has an important position in remedying damages caused by special obedience or disobedience of wife to the husband. Article 40 of Statue and article 1108 of civil law are also confirming this claim. So, though it is the wife’s obligation to obey the husband, but if the implementation of this duty makes any harm to her, she could refuse the obedience based on the prohibition of detriment rule, article 40 of Constitution, and article 1108 of civil law, which are the reflections of prohibition of detriment rule in law. Also, if the wife becomes disobedient, then the husband could not hurt her by assault and battery.

Explanation of Islam’s legal attitude towards the status of woman in the society and her rights not only would consolidate the institution of family and its impact as a key factor in the formation of social principles, but also will prepare the grounds for removal of violence against women. It should be borne in mind that several studies have been conducted about the issues related to woman’s rights and family, each of which is significant for attaining a solid and firm structure for the family system. Among these issues mentioned should be made of those that have led to questioning and criticizing the Islamic legal system such as the nature of punishment of women in Islamic legal and jurisprudential system. The main objective of this article is to answer the questions and criticisms by relying on the Verse 34 of the Nisa Chapter of the Quran. Attempts have been made to shed light on the arguments of opponents and advocates to be able to find out the true viewpoint of Islamic legal system. It should be mentioned that since according to Article 4 of the Constitution, the Islamic criteria are the basis of Iran’s legal system, hence the focus of this study will be the Constitution and the Civil Codes of Iran.

The constituting philosophy of marriage according to the Holy Quran is creating a calm and peaceful atmosphere in marital life; but sometimes for some reasons differences occur between the marriage parties or husband and wife, as the core constituents of this Divine union. When either party avoids meeting the rights of the other party already agreed upon in the marriage contract, disobedience takes place. Sometimes this disobedience is committed by the wife and it is called disobedience of wife. In this paper, we intend to closely study this issue and clarify some unspecified issues such as the duties of wife vis-à-vis her husband, the scope of these duties, examples of disobedience, Quranic verse in disobedience, as well as misunderstandings on this verse in order to clear the realm of Islam off some unfair interpretations on disobedience by wife. To that end, we have used the opinions of the great thinker and jurist Imam Khomeini and his views on the impact of time and place in religious leadership.

maintaining the authority of the state and providing the facilities and the requirement for employees to carry out the assigned missions are some the conditions of the sovereignty. Disobedience against the authorities under any of the headings of "attack or resistance" leads to the realization of defiance crime in Iran’s penal code. Considering the fact that Article 52 of Armed Forces penal code confirmed in 2003 and Article 607 of Islamic penal code are not properly responsive for disobience crime, this article aims to investigate the existing ambiguities in terms of the instances of the crime. this study is of an applied, library, and descriptive research type. The data collection was carried out by library study and the investigation process was anaylic and explanatory. Findings and since disobeying is using dangerous tools or instruments, it is recommended that aside from increasing the punishment of those who use weapons in disobeying crime, the punishment of those who use weapons to be more than those who don’t use them in disobeying crime. Thus, it is worth adding the following term under one of the provisions of Article 607 of the Penal Code Act in 1991: “Whenever the disobeying happens using tools or weapons, the rebellious is sentenced to imprisonment from six months to two years.”

Issues like men’s authority over women, management and protection of women by men, the creational deficiencies of women, the superiority of men, the necessity of women obeying men, the impermissibility of going out of home for women, women’s disobedience, corporeal punishment of women by their husbands, occupation of posts by women and the general guardianship of women are the intellectual concerns of many religious scholars, managers and divine politicians. A brief look into verse 34 of Chapter al-Nisa and the related traditions about it can, to some extent, wipe out ambiguity from our mind and give us a clear picture about the opinion of the Quran and that of the Ahl al-Bayt (a.s.) in regards to men’s authority over women.It seems that if we examine the literary and explanatory points and purports of the verse in a question and answer manner as is done in sequential interpretation of the Quran, drawing a conclusion and availing ourselves of a more appropriate meaning of the verse concerning the foregoing issues will take place sooner. For this reason, we have followed the discussions in two parts: “the literary and explanatory points” and “messages and purports” followed by a conclusion.

The present article seeks to answer the protest of some individuals concerning divine injunction in verse 34 of chapter Al-Nisa about corporal punishment of disobedient wives. This inquiry has first criticized some of the answers given in this regard whereupon it has examined and assessed the views and opinions held by jurisprudents and commentators about the verse.In this article, the two injunctions, i.e. corporeal punishment in Islam and man's right of guardianship over women in the family environment which has also been unequivocally mentioned in the beginning of the verse are the two accepted presuppositions for the rule concerning corporal punishment of women. Considering these two bases and the purposefulness of God's command about corporal punishment, albeit when it proves effectives and entails correction, and in view of the conditions which jurisprudents have mentioned for fulfillment of this divine command, it is concluded that corporal punishment of a noncompliant and disobedient woman is not immoral and it is not unreasonable either.

“Osr-o Haraj” [hardship and fault] is a progressive Islamic jurisprudence rule which can be used for various issues and problems. One of the applications of the rule is in the case of divorce, where the woman, after proving the hardships of living with the man, can ask for divorce. However, so far the rule has only been used in the case of marriage in the Islamic law. After the Islamic Revolution, the instances of the application of the rule have undergone deep changes. This paper studies and evaluates laws concerning non-financial affairs of the family such as Osr-o Haraj, contraction conditions, and custody and explains the advantages of contraction conditions of article 1130 of the Iranian Civil Law. In this paper, in addition to studying the law in various stages and presenting statistics from family courts, the writer proposes the related legal vacuums and appropriate suggestions.