Case study of sexual violence against wife from the perspective of Imami jurisprudence

Poorabdollah, Kubra; Najmabadi, Zahra Alsadat; Taqavi, Seiedeh Maedeh; Jahani, Reyhaneh

doi:10.30497/flj.2024.242812.1780

Case study of sexual violence against wife from the perspective of Imami jurisprudence

Document Type : Specialized Article

Authors

¹ Assistant Professor of Imam Sadegh (AS) University

² The Women&#039;s College of the University of Imam Sadiq, Tehran, Iran

³ Imam sadeq (AS) university

⁴ Imam Sadeq (AS) University

10.30497/flj.2024.242812.1780

Abstract

The lack of correct criteria in determining cases of sexual violence against a woman by the husband has led to the emergence of various rulings and opinions in the cases of marital sexual violence, and from there, the laws and judicial procedure are based on Imami jurisprudence; The thematics of sexual violence and the re-reading of rulings related to it in jurisprudence are necessary. Several components have been stated for sexual violence against women, including "unconventional sex", "lack of consent of the woman", "injury and loss" and "failure to have sex". In the current research, which was conducted with the library documentation method and is of a descriptive and analytical type and using jurisprudential sources, in the comparison of the aforementioned components with the wife's sexual rights obtained from jurisprudential sources, it becomes clear that the consent of the wife is not involved in obligatory enjoyments and only In cases where it is not part of the husband's rights, if the husband is forced to have a relationship, it will be an example of sexual violence. Also, just having unconventional sex; It is not the criterion of sexual violence, and if it is accompanied by the woman's lack of consent or significant harm to her; It is a reliable criterion. In addition to that, not having sex, which causes the wife's fear of guilt or embarrassment, can also be an example of sexual violence against women.

Keywords