Juridical and Legal Analysis of 708 and 718 Procedural Unity Votes in Light of the Legality of "Lien"
According to "lien" the wife (zawja) can refuse to fulfill her duties toward her husband, so long as she has not received her marriage portion (dower). It is based on verses, traditions, and the similarity of marriage contract and commutative contracts. Nevertheless the legality of "lien" is controversial. Supposing that it is legitimate, the domain of "lien" is important. Most of the jurisconsults believe that the domain of this right is wedlock. So the wife must obey her husband, and exceptionally she is allowed not to obey him in wedlock in order to receive her dower. Unfortunately, 718 procedural unity vote has developed the domain of "lien" which causes wife not to obey her husband at all and deserve alimony at the same time. On the other hand, 708 procedural unity vote says that the installment of the dower does not affect the "lien". The viewpoint of the majority and paying attention to the husband's hardship for delivery of the dower to his wife, result in the observance of the rights of the married couple and also the right of the husband for continuation of family life.
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