The extent of the couple's will to refuse to have children in Iranian jurisprudence and law

Marriage, as a legal institution, is a source of comfort for both men and women, and one of its important results is childbearing and reproduction. The child is one of the divine gifts, the adornment of parents and their pride, and Islamic teachings and religions ‌ have a lot of emphasis on having children. Certainly, having a child is a natural right of both men and women, and none of them, except in cases of necessity, can deprive him of this divine blessing without the consent of another. However, one of the most important practical situations in the family is the exercise of the will of one of the spouses in preventing pregnancy and childbearing, which may appear during the marriage and as a condition of refusing to have children. This article uses a descriptive-analytical method to examine the scope of one couple's will to prevent having children during marital life and also to examine the validity or invalidity of the condition of not having a child during marriage. This research is based on the necessity of the consent of the husband or wife against the will of the other party and also the invalidity of the condition of permanent refusal without excuse of childbearing and the validity of the conditional contract.