The Wife's Authority to Prevent Pregnancy and Its Legal Sanctions

According to the principle of non-guardianship over the other, none of the spouses can force the other to accept the role of father or mother, or deprive experience of feeling paternal and maternal by preventing pregnancy. Meanwhile, the jurisprudential explanation of the limits of the wife's authority to prevent pregnancy despite the husband's desire to have a child, according to the rights and authority that the wife has over her body and on the other hand the duties she will have as a wife to her husband, can be one of the main determining factors in clarifying the limits of the husband’s authority to force his wife to become pregnant. Also, following the determination of the cases of legal permission for the wife to prevent pregnancy, the definition of appropriate legal sanctions to support the wife can be important in determining how her rights are realized in this matter.

In this research, which has been written in a descriptive-analytical method in order to investigate the cases of religious permission’s wife to prevent pregnancy and appropriate legal sanctions to support her, using the library method, the views of jurists and their reasons in preventing the wife from becoming pregnant have been criticized and analyzed.

The wife is allowed to prevent pregnancy in the following cases, even if her husband is interested in having children: Pregnancy prevention should not harm the spouse's right to enjoy sexual intercourse, Pregnancy should be a legal excuse of loss and hardship for the wife and the right of having a child is not conditioned during marriage. In these circumstances, the wife's legal sanction can be examined in the form of the right to abortion, the right to sterilization and the right to divorce. Even if the wife's coercion to pregnancy is accompanied by misbehavior, the aforementioned legal sanction can be pursued by the judge in the form of claiming for compensation under the right of woman arrogance or Ta’zir.