نوع مقاله : علمی- ترویجی
نویسندگان
1 دانشآموخته سطح3 (فقه و اصول) جامعه الزهرا(س)، دانشجوی کارشناسی ارشد حقوق خصوصی دانشگاه هدی، قم، ایران
2 دانشیار گروه حقوق دانشگاه تهران، تهران، ایران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
Based on the position of woman in present society and according to the established rights of her from the past, it is necessary to investigate the woman's proof able and worthy rights, so that in the light of these rights she can move towards the preservation of soul and generation. The problem facing today's society regarding couples' claims on the matter of fertility and attending to the wife's right to childbearing (right of Estilad), which is increased today with the development of assisted reproductive technologies (ART) as well as contraceptive methods, is one of the worth topics in proof of wife's right to childbearing that should be considered. The rule of Saltanah in our legitimate possessions (subject to non-contradiction with the exclusive right of the husband in special obedience), contractual term (subjecting contract to childbearing and vice versa) and the principle of harmless (La Zarar) are arguments and principles that can be cited to prove the right of childbearing for the wife. This research has been done by documentary method and using descriptive-analytical method. One of the proven rights for married women who does not want to have children, is the right to prevent childbearing using various methods other than dismissal in pregnancy, and if the wife wants to have children while the husband dismisses and does not attracted toward childbearing the wife has the right to have children by the husband. Also one of the proven rights for non-virgin widows or non-virgin married women with husband’s satisfaction, (with assuming follow the ownership of the interests from the principle of uterine ownership), including uterine rent and its profit.
کلیدواژهها [English]
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