The Effect of Time and Place on Wife’s Disobedience and Its Enforceability based on Imam Khomeini’s Views

The effect of the circumstances at any age on the inference of religious laws is an indisputable fact according to the Sharia law presented by the Prophet (PBUH). The reality has been also reflected in the works of some jurists, among whom, Imam Khomeini introduced the theory of the decisiveness of the two elements of time and place in Ijtihad. The issue of the obedience of wife is among the religiously obligatory issues and the refusal of wife to fulfil her marital duties or her disobedience (nashuz) is among the variable regulations. It shall be considered among the changing rules as affected by time and place components such as common law, practice of the rational people, interests and corruptions, change in the subject, and object of a legal relation. Time and place can play a key role in it. This is because the examples of obedience and disobedience have not been clarified well in fiqh and there are only a few cases on this. In other cases, the common rule and social mores should be taken as criteria for practice. Moreover, in this field, the religious rules are to confirm previous laws and usages. Therefore, there is the possibility of understanding part of the interests and corruption for the intellect. The enforceability of the disobedience of the spouse alters with the change in time and place conditions within different cultures. Therefore, in determining the details of the disobedience by the spouse and its enforceability various components are involved and no clear-cut criterion can be ever introduced.