نوع مقاله : مقاله پژوهشی
نویسنده
استادیار فقه و مبانی حقوق اسلامی دانشکده الهیات و معارف اسلامی دانشگاه تهران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
Imami jurists have explained the rulings related to these rights in their jurisprudential texts, under the topics of marriage and divorce, by recognizing the sexual rights of couples. A review of the aforementioned texts regarding the sexual rights of couples and a comparison of their content with the articles of the Civil Code shows that in addition to the existence of a gap in legal expressions such as oat , the Civil Code also contains deficiencies in reflecting the jurisprudential rulings related to marriage, circumcision,, and sexually transmitted diseases, therefore requires revision . The present study, using a descriptive-analytical method and library resources, after applying the sexual rights of husband and wife in the context of civil law and Imami jurisprudence, criticized and examined the shortcomings of articles 1122, 1123, 1127 and 1130 of the Civil Code . finally the following suggestions were presented: :
- Removing the restrictions of "not performing a marital act once" in the article and "lack of power to perform a marital act" in the case of amputation of the genitals from article 1122 BC.
- Adding the restriction of "the need for the woman to wait one year for the treatment or improvement of the man's genitals" to the second paragraph of article 1122 BC.
- Adding the restriction of "the need for the man to wait for the treatment of a woman suffering from genital warts and impotence" in article 1123 BC .
- Establishing the right to divorce after a certain period of treatment and failure of treatment, for a woman whose husband is suffering from a sexually transmitted disease in Article 1127 of the Civil Code.
- Clarifying the vague and ambiguous restrictions related to instances of hardship and hardship for the wife in Article 1130 of the Civil Code .
کلیدواژهها [English]
)