Inclusion of the "Rule of Denial of Sexual Hardship" and its Effect on the Request for Judicial Divorce

Sexual productivity is one of the fundamental rights of spouses after marriage, which is emphasized in various religious teachings, and jurists have recognized it in the form of the right to cohabitation, the right to stimulation, the right to intercourse and the right to not be dismissed. The wife's confrontation wi-th the husband's perversion, deviation, or sexual violence deprives her of this right,   exposing her in the long run to a situation that makes it difficult for her to continue living together with her husband. In this study, we intend to answer the question of whether a wife can, considering her difficult situation in not her sexual needs being met, consider it as an example of spousal abuse and apply for a judicial divorce based on the rule of negation.

The present study was performed by descriptive-analytical method and with documents from library sources. In this study, first the concept of sexual embarrassment is explained and then, based on jurisprudential principles, the capacity of the rule of negation of Haraj to justify the lawsuit of judicial divorce is examined.

The present study shows that the realization of sexual rights in marital relations based on cus-tomary criteria is accepted by Muslim jurists. Although in most jurisprudential texts the title of embarrassment refers to physical affairs, the application of "emba-rrassment" and its various applications in various jurisprudential issues causes the rule of negation of embarrassment to inc-lude non-physical embarrassments, inclu-ding sexual harassment. Therefore, after being in a state of sexual distress and the impossibility of correcting the couple's sexual behavior, the wife will be able to consider it as an example of the couple's social abuse, according to which she can apply for a judicial divorce.