Volume 17, Issue 58 (4-2023)                   MLJ 2023, 17(58): 587-599 | Back to browse issues page

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Seddiqi S, Molai Kandlos F, Zokaeeyan P. Jurisprudential Investigation of the Condition of Wife's Compliance during the Incubation Period of the Contagious Disease of the Husband. MLJ 2023; 17 (58) :587-599
URL: http://ijmedicallaw.ir/article-1-1696-en.html
1- Department of Jurisprudence and Fundamentals of Islamic Law, Chalous Branch, Islamic Azad University, Chalous, Iran
2- Department of Jurisprudence and Fundamentals of Islamic Law, Chalous Branch, Islamic Azad University, Chalous, Iran
Abstract:  
Background and Aim: Contagious disease is an infectious disease in which the causative agent is physically transmitted from a patient to a healthy person; In addition to the emergence period, during the latent period in this type of diseases, the pathogenic agent (be it bacteria, virus, etc.) can be transmitted from the patient's body to others, considering that sexual intercourse is one of the methods of transmission of some infectious diseases. So, in the assumption that the husband is in the latent period of the disease, the issue of the wife's obedience will be ambiguous in some ways, because is it obligatory on the wife to obey? If compliance is done and the disease is transferred, in what case will the responsibility be towards the couple? Also, if the wife's death occurs due to the transmission of the disease, does the husband's responsibility entail the termination of inheritance or not? All the mentioned questions need to be explained and investigated.
Methods: This research is of a theoretical type and the research method is descriptive-analytical and the method of collecting information is library-based and was done by referring to documents, books and articles.
Ethical Considerations: In this research, the principles of trustworthiness, honesty, neutrality and originality of the work have been respected.
Results: Husband's contracting a contagious disease is in contradiction with the wife's obligation to obey, especially if the husband is in the incubation period of the disease.
Conclusion: The evidence of the necessity of compliance is allocated in the assumption that the possibility of the couple contracting a contagious disease and based on the principle of precaution, the ruling of compliance is removed, while having sex as a result of the coercion of the couple, is only in a context. It is his responsibility that the wife does not know about her husband's ill health. Also, with the death of the wife, the act of the husband is an example of a wrongful crime and will not prevent inheritance.

Please cite this article as:
Seddiqui SH, Molai Kandlos F. Jurisprudential Investigation of the Condition of Wife's Compliance during the Incubation Period of the Contagious Disease of the Husband. Medical Law Journal. 2023; 17(58): e40.


 
Type of Study: Original Article |
Received: 2023/07/3 | Accepted: 2023/09/11

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