A novel analysis concerning the stipulation prohibiting sexual enjoyment in marriage contracts

Articles in Press

Document Type : Scholarly Article

Authors

1 Department of Private and Islamic Law, Faculty of Law and Political science, University of Tehran, Tehran, Iran

2 Faculty of Jurisprudence and Law, Shahid Motahari University, Tehran, Iran

10.30497/flj.2025.248547.2204

Abstract

The accurate explication of the essential requirements of the marriage contract, which also leads to the identification of conditions contrary to its essence, is one of the challenging issues in family law and Islamic jurisprudence, with significant implications for the institution of family and spousal relationships. Given the prevalent distinction among jurists and legal scholars between the essence and the unrestricted scope of the contract’s requirements, there has been a consistent effort by researchers to identify instances of essence and unrestricted scope and to clarify their conceptual differences. The present study, in light of the conceptual inadequacy of the conventional approach, examines the condition prohibiting sexual intercourse and the perspectives of proponents and opponents of its invalidity. By adopting a fresh perspective on this condition and its place within the essential requirements of the marriage contract, and by distinguishing between the essence of the contract and the essential effects of the marriage contract, the study demonstrates that, from the viewpoint of societal norms . sexual intercourse is an essential effect of the marriage contract, and thus, a condition contrary to this effect is deemed invalid.

Keywords

Biannual Journal of Family Law And Jurisprudence

Articles in Press, Accepted Manuscript
Available Online from 13 October 2025

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