Jurisprudentially-Legally Seeking the Basis of the Right to Retention in Marriage and the Causes of Termination, Abortion, and Its Adjustment

According to jurisprudence and law, the wife can refuse to obey the husband to get marriage portion. This right is so-called the right to retention and the verses, narratives, and rational foundations, like the proximity of the marriage to the commutative contracts, are its legitimacy. Because there is a doubt whether the marriage is commutative or not, the right to retention is limited, and it is acceptable just for the wife having the purpose of creating an executive guarantee for getting the marriage portion. Nowadays, this guarantee becomes a pressure tool against the husband and it is misused by the wife. Based on procedural unity vote 708 that, in spite of husband's hardship, the rule to instalment is not amount to reject wife's right to retention, and based on procedural unity vote 718 that extends the realm of exercise of the right to retention to wife's duties absolutely, husband's conditions become harder; thus, this study aimed to jurisprudentially-legally seek the basis of the right to retention in marriage and the causes of termination, abortion, and its adjustment by a descriptive-documentary method. Therefore, all related written sources were analyzed and it is concluded that if the marriage portion is exchangeable with the obedience, for respecting the husband, the capabilities of the right to retention as a personal right can be used for its abortion or adjustment. Moreover, for preventing the unlimited exercise of the right to retention, the two topics of the realm of exercise of the right to retention and the effect of husband's hardship on wife's right to retention should be taken into consideration. That will be the most important issue in the matter of big marriage portions.