چکیده:
Family is a holy Society that had made on high feeling. Functionally it performes the most important role in welfare and adversity in Societies، SO effort in to protect and firm it، is a necessity which is not avoidable. In regard to unique characteristic of Family، there is no place penal sanction in the society. Even though in Some cases that husband doesn’t discharge the rights of his wife and in spite of his mal feasan، he doesnot accept his freedom. Because it contradict with the high interests of religious and its negative social influences، can be performed penal sanction in front of it. One of the defects in protect family bill is that producers don’t pay attention to this important matter. So to the witter، effort to solving this problem is necessary.
خلاصه ماشینی:
The Necessity of Criminalizing Marital Disobedience (Nushuz) by the Husband Abdul Ali Tovehi* Abstract Family is a sacred center built upon the highest emotions and, in terms of function, plays the most important role in the happiness and misery of societies; therefore, efforts toward its preservation and stability are an unavoidable necessity.
However, in cases where the husband refuses to fulfill the rights of his wife and, beyond bad conduct, also refuses to continue acts of kindness, criminal guarantees can be applied due to its incompatibility with the higher interests of Sharia and its negative social effects.
In cases where the aversion, refusal to perform duties, and abuse of legal and religious power and authority are on the part of the husband, "Nushuz of the man" arises, the criminal guarantees of which are the subject of this article.
B- The prohibition of leaving another in limbo and its negative effects on society Another reason for the author regarding the necessity of criminalizing the nusuz of a spouse is the cases where a husband, due to not treating his wife with kindness and not providing benevolence, commits a forbidden act and threatens one of the fundamental pillars of society, namely the family unit.
In summary, it seems that in cases where the husband refrains from fulfilling religious rights, including kind treatment, and furthermore is unwilling to divorce the woman, he is considered a nusuz (rebellious) spouse and has committed a forbidden act, which is both in conflict with the higher objectives of Sharia and has public and social dimensions that are obvious to everyone.
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