Mendeley  

Zotero  

Khairkhah H, Naghibi S A, Mosavi M S. Basics of Conflict between Rule of Prohibition of Detriment (Right of Lien of Wife) and Prohibition of Constriction (Lack of Enjoyment of Husband) in Couples Relationships with an Emphasis on Jurisprudence. MLJ 2021; 15 :1027-1041
URL: http://ijmedicallaw.ir/article-1-1373-en.html

Background and Aim: Marriage has a special nature among contracts, which has made it very difficult to interpret the rules related to it. The right to imprisonment, which is commonly used in exchange contracts, has been interpreted differently in marriage. On the one hand, the realm of the right to imprisonment in relation to general and specific obedience, and on the other hand, the status of the couple's bondage and its effect on the right to imprisonment is a point of contention. Given the couple's remarriage based on a court order, this would preclude the wife from exercising her right to divorce, as stated in the marriage certificate, although there is disagreement as to the possibility of exercising the wife's right to divorce, with or without a court order. is not. The purpose of this article is to analyze the conflict between harmless (wife's right to imprisonment) and harmless (husband's lack of pleasure) in the couple's relationship.
Materials and Methods: This descriptive-analytical article has been prepared using documentary method and filing tool.
Results: The findings indicate that, in the conflict between two unruly or one unruly and one harmless rules, the well-known view is that both are abrogated and refer to the basic arguments that the wife's right to imprisonment is maintained.
Ethical considerations: This article has been prepared and compiled in all stages of writing, adhering to the principles of honesty and trustworthiness.
Conclusion: The jurists have considered obedience in the discussion of the right to imprisonment as a special obedience. When the dowry is due, the wife's right to imprisonment will undoubtedly be lost, but if the payment of the dowry is subject to the husband's financial means, it will have two important effects. One is the abolition of the right to imprisonment, the subject of Article 1085 AH. M due to the implicit confession of the wife to the husband's marriage and the impossibility of imprisoning the husband. This issue will be consistent with the interpretation of the jurists' theory that the dowry is valid whenever possible and in a way removes the harmless conflict (wife's right to imprisonment) and no embarrassment (husband's lack of pleasure) in the couple's relationship. Imamiyya confirms this method.

Cite this article as: Khairkhah H, Naghibi SA, Mosavi MS. Basics of Conflict between Rule of Prohibition of Detriment (Right of Lien of Wife) and Prohibition of Constriction (Lack of Enjoyment of Husband) in Couples Relationships with an Emphasis on Jurisprudence. Medical Law Journal 2021; Legal Innovation.