The Law of Family Protection and Effective Sanctions against Man’s Violation of Marital Duties

Based on Islamic jurisprudenal (Fiqhi) teachings and legal rules, starng a family entails a variety of rights and obligaons between spouses and between parents and children.In order to preservethe family instuonwith regard tospouses’marital dues, there are variouscivilandpenalsancons whichcan impede theweakening of this valuable social foundaon.Since both wife and husband mayviolate their marital dues, religionandlawhave imposed some sanconsin order toprevent such violaons. In case ofwife’s disobedience or violaon of marital dues, husbandhas the right to unkindness, punishment, or refusalto pay alimony, andif wife’s disobedience connues, husband has the right ofremarriagewith the permission ohe court.In the case ofman’sviolaon of marital dues, onlyihisdisobedience is due tofailing topay alimony, the lawmaker has imposed penal sanconsas wellcivil sancons.However, regarding the other cases of man’s disobedience which have beenemphasized in Fiqh, the family protecon law has made no comments.Using an analycal-descripve method, thispaper seeks to answer this key queson:basically, canman’s violaon ofwoman’s right to sexual intercourse or sleeping together be considered asa crime?Andif this islegally regarded as a crime, can penal sancons be imposed in order to avoid it?The paper’s results show than some cases,evenihe family protecon lawis not an effecvedeterrent and comes undersomecricisms in this regard, special consideraonsof family lifeand properes ohe abovemenoned rightsnegate apenal response to it (excepn the case of refraining frompaying alimony), andinthis case, the inacon of family protecon lawis right and jusfiable,even thoughthecivil sanconswill sllremain operave.