The Approach of Judicial Procedure to the Issue of Disobedience (Nushuz) in Proceedings Stage

Document Type : Scholarly Article

Authors

1 PhD Student in Jurisprudence and Foundations of Islamic Law, Imam Sadiq University (AS), Tehran, Iran

2 Assistant Professor and Faculty of Law, Imam Sadiq University Tehran, Iran

3 Ph D in Criminal Law and Criminology, Tehran, Iran.

10.30497/flj.2023.245099.1944

Abstract

The issue of Disobedience or Nushuz (disobedience of sex by woman) and its brunches is raised both in jurisprudence, which originates from the word of revelation, and in the science of law, it has been considered by jurists and accordingly it is brought up in family courts by submitting a petition to compel the wife to obey or to declare and confirm the wife's Disobedience. By examining the issued opinions, it can be considered a lot of diversity and difference in jurist's opinions and views. The aim of this research is to investigate the causes of diversity and multiplicity of judicial procedure in the subject of Obedience or Tamkin and Disobedience.  This research which is written in the document-library method and done by descriptive and analytical type of research, uses obedience opinions and publications issued by family courts which are collected in the national system of judicial opinions and advisory opinions of the General Legal Department of judiciary. Lawsuits related to wife's submissiveness and disobedience depend to a large extent on the inference of the judge, and this issue has led to the creation of numerous procedures. Therefore, in order to reach a unity of procedure, it is necessary to analyze the judicial procedure in this regard and examine the degree of conformity or non-conformity of the opinions issued with jurisprudential foundations as well as the subjected rights. After investigating through the opinions issued and examining jurisprudential and legal sources on the issue of obedience and non-compliance, the result is that some issues and challenges related to this issue have jurisprudential roots and are related to differences of opinion among jurists, and some are related to the legal dimension and the legislative aspect of the issue, and finally, some issues are rooted in the implementation phase of laws and their application in this field. Some of the ambiguities in this matter can also be classified according to the stages of the proceedings, i.e., the stage of filing a lawsuit, proceedings, issuing the verdict and executing the verdict. This article is only focused on the judicial proceedings stage of Obedience and Disobedience cases.

Keywords

Main Subjects

مقالۀ حاضر، مستخرج از رساله کارشناسی‌ارشد تحلیل رویه قضایی ایران در مسأله نشوز از دانشگاه امام صادق(ع) پردیس خواهران است.

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Biannual Journal of Family Law And Jurisprudence
Volume 30, Issue 82
April 2025
Pages 159-193

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