Requirement of Abstinence from Sexual Intercourse in Marriage and Guarantee for Its Fulfilment

The marriage contract is the initial step in forming a family. Therefore, it is particularly important to scrutinize prenuptial conditions. One such condition pertains to abstaining from vaginal penetration. This article delves into the legal status of this condition and guarantees its fulfillment. Given that the condition is not explicitly outlined in current Iranian laws, Article 167 of the Constitution and Article 3 of the Civil Procedure suggest that judges should refer to valid Islamic jurisprudential sources for guidance. Jurists exhibit divergent views on this condition, rooted in disparities regarding the nature and requisites of marriage. Employing an analytical-descriptive approach and sourcing information from the library, this research critiques various perspectives. It concludes that, since sexual intercourse is not inherently demanded by the nature of marriage, the condition of no vaginal penetration is valid. The guarantee for this condition lies in its obligatory prohibition, and its positive assurance is indemnity in lieu of defloration (arsh al-bikāra).