Sexual Obedience and the Principle of no Harm

Abstract

The Islamic law has appointed some duties that spouses have towards each other. These duties are based on good communication and friendly relationship. Spouses must attempt to strengthen family foundation, prepare a calm and enjoyable environment, and bring about the material and intellectual needs of each other. One of these needs is sexual need which can guarantee family stability, spouses' transcendence, and the generation survival if it is correctly met. In the Islamic law and consequently in the civil law of Iran, wife must respond affirmatively to her husband's sexual needs and must not avoid her duty. And if she avoids her duty without any plausible excuse, she will be considered as a delinquent (Nashezeh). That is why some scholars have resorted to the initial legal guides of the issue and concluded a special interpretation of the wife's obedience from her husband, in which avoidance form this duty is not allowed under any circumstances or excuses. However, as opposed to the traditional understanding that is resulted from superficial interpretations and has no legal justification, in accordance with the principle of no harm and enforcement of its provisions in spouses' relationship, wives are not obligated to adhere to absolute obedience from their husband's sexual needs but they are allowed to accomplish or avoid their duty depending on mental and physical status – which results from paying attention to the women's personality and individuality. This obedience must not be in contradiction with their mutual gratification and affection. It should also be kept away from inexcusable avoidance, malice, and obstinacy. By paying more precise attention to the meaning and implication of this argument and general principles and law of Islam, this interpretation cannot be emphasized on. By considering human dignity and women's personality in this duty, it should be accepted that the available contradictions lead us to restrict this guideline.

DOI: 10.5901/mjss.2015.v6n6s2p561