The legal effects and consequences of disability on the non-financial rights and obligations of couples in Imamiyyah jurisprudence and Iranian law

Maintaining the institution of the family as the main pillar of society requires recognizing and respecting the mutual rights of spouses. The Islamic legal system has formulated these rights based on inherent gender differences and has prescribed specific financial and non-financial duties and responsibilities for each spouse. These duties include three categories: common, specific to the wife, and specific to the husband, which change over time due to their deep connection with customs and ethics. One of the factors affecting these rights and duties is the disability status of one of the spouses, which creates new challenges in marital relationships. Disability, as a condition that limits the performance of certain activities, requires spouses to regulate their relationships and adhere to each other's rights and responsibilities by considering its type and extent. The present study, relying on the method of content analysis and library studies, examines the effects and jurisprudential-legal consequences of disability on the non-financial rights and responsibilities of spouses in Imami jurisprudence and Iranian law. The main objective is to analyze the jurisprudential-legal challenges and determine the rights and duties of disabled couples in the Iranian legal system.

The findings of this study, in addition to conceptualizing and categorizing types of disabilities, will analyze the challenges of marriage for disabled people, their specific rights and duties, and examine the effects of disability on the non-financial relationships of couples. This approach is a fundamental step towards a more precise explanation of the rights and duties of disabled couples and providing a comprehensive model for their support.